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The California MC 358 form is an essential document used in the legal process for withdrawing funds from a blocked account. This form is particularly relevant when a party needs to access funds that have been restricted by a court order. It includes several key components, such as the identification of the attorney or party filing the request, the details of the case, and specific instructions for the depository holding the funds. The form captures crucial information like the total amount to be withdrawn, the account details, and how the funds should be distributed among various payees. Additionally, it outlines whether the petition was heard ex parte or during a regular court session. By completing the MC 358, petitioners can formally request the court's permission to release funds, ensuring compliance with legal requirements and facilitating the proper handling of financial matters. Understanding the structure and purpose of this form is vital for anyone involved in cases that necessitate access to blocked funds.

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MC–358

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

FOR COURT USE ONLY

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

CASE NAME:

 

 

 

CASE NUMBER:

ORDER FOR WITHDRAWAL OF FUNDS FROM BLOCKED ACCOUNT

 

 

 

 

 

1. The petition of (name):

for withdrawal of funds

a.

 

was heard ex parte.

 

b.

 

came on regularly for hearing in this court on (date):

 

 

 

THE COURT ORDERS

2.Petitioner is authorized to withdraw funds and the depository is ordered to allow the petitioner to withdraw funds, upon presentation of a filed endorsed copy of this order, in the total amount of: $

3.The funds are located in the following account:

a.Name and title on the account:

b.Depository (name):

(1)Branch:

(2)Address:

c.Account number:

4.The funds are to be distributed by the depository, remittance payable as follows:

a.Payee (name): Amount: $

b.Payee (name): Amount: $

c.Payee (name): Amount: $

d.Payee (name): Amount: $

Additional payees and amounts to be distributed are listed on Attachment 4.

5. The court further orders:

6.Number of pages attached: Date:

JUDGE OF THE SUPERIOR COURT

SIGNATURE FOLLOWS LAST ATTACHMENT

Page 1 of 1

Form Adopted for Mandatory Use

Judicial Council of California MC-358 [Rev. January 1, 2007]

ORDER FOR WITHDRAWAL OF FUNDS

FROM BLOCKED ACCOUNT

Cal. Rules of Court, rules 3.1384, 7.954 www.courtinfo.ca.gov

➤ PDF File

Form Specifications

Fact Name Details
Form Title MC-358 is officially titled "Order for Withdrawal of Funds from Blocked Account."
Governing Law This form is governed by California Rules of Court, specifically rules 3.1384 and 7.954.
Purpose The form is used to request the withdrawal of funds that are held in a blocked account.
Petitioner Requirements The petitioner must provide their name and other identifying information to facilitate the withdrawal.
Hearing Type The petition may be heard ex parte, meaning it can be considered without the other party being present.
Depository Information The form requires details about the depository, including its name, branch, and address.
Distribution of Funds The form allows for multiple payees to receive specified amounts from the withdrawn funds.
Form Adoption MC-358 has been adopted for mandatory use by the Judicial Council of California.

California Mc 358: Usage Guidelines

Once you have gathered all necessary information, you can begin filling out the California MC 358 form. This form is essential for requesting the withdrawal of funds from a blocked account. Ensure that all information is accurate and complete to avoid delays in processing.

  1. At the top of the form, fill in the section for Attorney or Party Without Attorney. Include your name, state bar number, and address.
  2. Provide your telephone number. You may also include a fax number and email address, but these are optional.
  3. Indicate the name of the party you are representing in the Attorney For section.
  4. In the For Court Use Only section, leave it blank as this is reserved for court personnel.
  5. Fill in the Superior Court of California, County of section with the name of the county where you are filing.
  6. Complete the Street Address, Mailing Address, City and Zip Code, and Branch Name fields.
  7. Enter the Case Name and Case Number accurately in the designated areas.
  8. In the first part of the body of the form, state the name of the petitioner and indicate whether the petition was heard ex parte or came on regularly for hearing.
  9. In the THE COURT ORDERS section, specify the total amount of funds authorized for withdrawal.
  10. Provide details about the account from which funds will be withdrawn, including the name and title on the account, the depository's name, branch, address, and account number.
  11. List the payees and the amounts to be distributed. Include as many payees as necessary, and attach additional pages if needed.
  12. Indicate any further orders from the court in the designated section.
  13. Count the number of pages attached to the form and write this number in the appropriate space.
  14. Finally, leave space for the judge’s signature and write the date.

Your Questions, Answered

What is the purpose of the California MC 358 form?

The California MC 358 form is used to request the withdrawal of funds from a blocked account. This form is typically necessary in legal situations where funds have been placed in a blocked account by court order, and a party needs to access those funds for specific reasons, such as paying expenses or fulfilling obligations.

Who can file the MC 358 form?

The form can be filed by an attorney or a party representing themselves in court. The individual filing must provide their name, state bar number (if applicable), and contact information. It is essential that the petitioner has the legal authority to request the withdrawal of funds.

What information is required on the MC 358 form?

The form requires detailed information including the petitioner's name, the case name, case number, and details about the blocked account. This includes the name and title on the account, the depository name, branch, address, and account number. Additionally, the form specifies how the funds should be distributed among payees.

What does "ex parte" mean in the context of the MC 358 form?

"Ex parte" refers to a legal proceeding where one party appears before the court without the other party being present. In the context of the MC 358 form, if the petition was heard ex parte, it means that the petitioner sought the withdrawal of funds without notifying the other parties involved in the case, often due to the urgency of the situation.

What happens after the MC 358 form is submitted?

Once the form is submitted, the court will review the petition. If approved, the court will issue an order allowing the petitioner to withdraw the specified amount from the blocked account. The depository will then be required to comply with this order upon presentation of a filed endorsed copy of the court's order.

Are there any fees associated with filing the MC 358 form?

Filing fees may apply when submitting the MC 358 form, as with most court filings. The exact amount can vary by county and the specifics of the case. It is advisable to check with the local court for detailed fee information and any potential waivers that may be available.

How should the funds be distributed according to the MC 358 form?

The form requires the petitioner to list all payees and the corresponding amounts to be distributed. Each payee's name and the amount they are to receive must be clearly indicated. If there are additional payees, they should be listed on an attachment to the form.

What should I do if my request for withdrawal is denied?

If the court denies the request for withdrawal of funds, the petitioner may have the option to file a motion for reconsideration or appeal the decision, depending on the circumstances. It is important to consult with legal counsel to explore available options and understand the implications of the court's decision.

Where can I find the California MC 358 form?

The California MC 358 form can be obtained from the California Judicial Council's website or directly from the local court's clerk office. It is essential to ensure that you are using the most current version of the form, as updates may occur.

Common mistakes

  1. Failing to provide complete contact information. This includes missing the telephone number, fax number, or email address for the attorney or party without an attorney.

  2. Not specifying the correct case name and case number. Inaccurate or incomplete information can lead to delays in processing.

  3. Omitting details about the depository. It is essential to include the name, branch, and address of the financial institution holding the funds.

  4. Incorrectly listing the account number. Double-check this information to ensure it matches the records of the depository.

  5. Not detailing the distribution of funds clearly. Each payee's name and the corresponding amount must be accurately listed to avoid confusion.

  6. Forgetting to sign the form. The judge's signature is crucial for the order to be valid, so ensure it is included at the end of the document.

Documents used along the form

The California MC-358 form serves as an essential document for petitioning the court for the withdrawal of funds from a blocked account. This process often requires additional forms and documents to ensure compliance with legal requirements. Below is a list of other commonly used documents associated with the MC-358 form.

  • MC-359: Order for Withdrawal of Funds from Blocked Account (Alternative Form) - This form is similar to the MC-358 and may be used in specific circumstances where a different format or additional information is required by the court.
  • MC-360: Petition for Withdrawal of Funds - This document is used to formally request the court's permission to withdraw funds from a blocked account, detailing the reasons for the withdrawal and the specifics of the account.
  • MC-361: Notice of Hearing - This notice informs interested parties about the scheduled hearing regarding the petition for withdrawal of funds. It ensures that all relevant parties are aware and can attend or respond.
  • MC-362: Proof of Service - This form serves as evidence that the notice of hearing and any other relevant documents were properly served to all interested parties, fulfilling legal notification requirements.
  • MC-363: Declaration of Petitioner - This declaration provides the court with additional information from the petitioner, outlining the reasons for the withdrawal and any pertinent details that support the request.
  • MC-364: Attachment to Order for Withdrawal of Funds - This attachment is used to list additional payees and amounts to be distributed, providing a comprehensive breakdown of how the funds should be allocated.

Each of these documents plays a crucial role in the process of withdrawing funds from a blocked account in California. Together, they ensure that the court has all necessary information to make an informed decision while adhering to legal protocols.

Similar forms

The California MC 358 form is used for the withdrawal of funds from a blocked account. Several other documents serve similar purposes in different contexts. Here’s a look at five of them:

  • MC-359: Order for Withdrawal of Funds from Blocked Account (Minor's Funds) - This document is specifically for cases involving minors. It allows for the withdrawal of funds held in a blocked account, ensuring that the funds are used appropriately for the minor's benefit.
  • MC-360: Petition to Withdraw Funds from Blocked Account - Like the MC 358, this form requests permission to withdraw funds. However, it focuses on the petition process rather than the court order itself, making it an essential first step in accessing blocked funds.
  • MC-361: Order for Payment of Attorney Fees from Blocked Account - This form is similar in that it deals with funds in a blocked account. It specifically addresses the disbursement of funds for legal fees, ensuring that attorneys are compensated for their services.
  • MC-362: Order for Withdrawal of Funds for Medical Expenses - This document allows for the withdrawal of funds specifically designated for medical expenses. It shares the same purpose of accessing funds from a blocked account but focuses on healthcare needs.
  • MC-363: Petition for Release of Funds from Blocked Account - This form is used to petition the court for the release of funds. It is similar to the MC 358 in that it requires court approval but may cover different circumstances surrounding the blocked funds.

Dos and Don'ts

When filling out the California MC-358 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are nine important dos and don’ts:

  • Do provide accurate information for all required fields, including your name and contact details.
  • Don’t leave any sections blank; incomplete forms may delay processing.
  • Do include the case name and number clearly to avoid confusion.
  • Don’t use abbreviations or shorthand; clarity is crucial.
  • Do sign and date the form where indicated to validate your request.
  • Don’t forget to attach any necessary documentation, such as proof of the blocked account.
  • Do double-check the total amount requested for withdrawal to ensure it matches your records.
  • Don’t submit the form without reviewing it for errors; mistakes can lead to rejections.
  • Do keep a copy of the completed form for your records after submission.

Misconceptions

Understanding the California MC 358 form is essential for anyone involved in legal proceedings regarding the withdrawal of funds from a blocked account. Here are some common misconceptions:

  • The MC 358 form is only for attorneys. Many believe that only attorneys can use this form, but it can also be filed by parties representing themselves.
  • It can be submitted without a hearing. Some think the form can be submitted without a hearing. However, it typically requires a court hearing unless it is an ex parte request.
  • All funds can be withdrawn at any time. People often assume that any amount can be withdrawn whenever they want. Withdrawals are subject to court approval and specific conditions.
  • Only one payee can be listed. There is a misconception that only one payee can be named on the form. In fact, multiple payees can be included for distribution of funds.
  • The form is not mandatory. Some individuals think that using the MC 358 form is optional. In many cases, it is a required form for withdrawing funds from a blocked account.
  • Filing the form guarantees withdrawal of funds. Many believe that submitting the MC 358 form guarantees that funds will be released. Approval is at the discretion of the court.
  • There are no fees associated with filing. It's a common belief that filing the form is free. However, there may be filing fees depending on the court's policies.
  • Once filed, the process is quick. Some expect a swift process after filing. The timeline can vary significantly based on court schedules and other factors.

Key takeaways

When filling out and using the California MC-358 form, keep the following key takeaways in mind:

  • Understand the Purpose: The MC-358 form is used to request the withdrawal of funds from a blocked account, typically in cases involving minors or conservatorships.
  • Complete All Sections: Ensure that every section of the form is filled out accurately. Missing information can delay the process.
  • Petitioner's Details: Clearly state the petitioner's name and contact information. This includes the attorney’s details if applicable.
  • Specify the Amount: Indicate the exact total amount of funds to be withdrawn. This must match the amount in the associated account.
  • Account Information: Provide detailed information about the account, including the name on the account, the depository, and the account number.
  • Distribution of Funds: Clearly list all payees and the amounts they are to receive. This ensures that funds are distributed correctly.
  • Follow Court Procedures: Submit the completed form to the appropriate court and ensure compliance with any additional requirements or attachments.

By adhering to these guidelines, individuals can navigate the process of using the MC-358 form more effectively.