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The MC 357 form is an essential legal document utilized in the California court system when petitioning for the withdrawal of funds from a blocked account. This form is designed to facilitate the process of accessing funds that are legally restricted due to the status of the account holder, who may be a minor, a conservatee, or another designated individual. Key components of the form include the identification of both the petitioner and the individual whose funds are being requested for withdrawal. The petitioner must provide relevant details such as the account status, current balance, and the specific reasons for the disbursement request. Additionally, the form requires information about any previous withdrawals from the account. It also outlines designated payees for the funds, ensuring transparency in the distribution process. Completing this form accurately is critical, as it must include the necessary signatures and declarations under penalty of perjury, affirming the truthfulness of the information supplied. A proper understanding of the MC 357 form's structure and requirements streamlines the legal proceedings surrounding blocked funds, ultimately serving the financial interests of the affected parties.

Mc 357 Example

MC–357

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

 

 

 

 

FOR COURT USE ONLY

 

 

 

 

 

 

 

To keep other people from

 

 

 

 

 

 

 

seeing what you entered on

 

 

 

 

 

 

 

 

 

 

 

 

your form, please press the

 

 

 

 

 

 

 

Clear This Form button at the

 

 

TELEPHONE NO.:

 

 

FAX NO. (Optional):

 

end of the form when finished.

 

 

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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PETITION FOR WITHDRAWAL OF FUNDS

 

CASE NUMBER:

 

 

FROM BLOCKED ACCOUNT

 

 

 

 

 

 

 

EX PARTE

 

 

 

 

 

 

 

 

 

 

 

1.Petitioner (name):

requests an order permitting the withdrawal of funds belonging to the person described below.

2. The person whose funds are to be withdrawn (name):

is

a. a minor.

b. a conservatee.

c. a beneficiary.

d. other (specify):

3.The information about the person identified in item 2 is as follows:

a.Date of birth:

b.Address:

c.Telephone number:

d.Current school (name and location):

e.Current employer (name and address):

4.If the person identified in item 2 is a minor, the minor's parents are a. Mother (name, address, telephone number):

b.Father (name, address, telephone number):

5.Petitioner brings this petition as (indicate capacity):

a. trustee.

b. custodian.

c. parent.

d. guardian.

e. conservator.

f. other (specify):

6.Account status:

a.Name and title on account:

b.Depository (name):

(1)Branch:

(2)Address:

c.Account number:

d.Current balance:

Page 1 of 2

Form Adopted for Mandatory Use

Judicial Council of California MC-357 [Rev. January 1, 2007]

PETITION FOR WITHDRAWAL OF FUNDS

FROM BLOCKED ACCOUNT

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

MC–357

CASE NAME:

CASE NUMBER:

6.e. Previous withdrawals from this account (select one):

(1) None.

(2) As follows:

(a)Amount: $

(b)Date:

(c)Purpose:

 

 

 

 

 

 

Additional withdrawals from this account described in Attachment 6e.

 

 

 

 

Continued (provide information relating to each additional account from which funds are to be withdrawn on a separate

 

 

 

 

 

 

 

attachment designated as Attachment 6).

7.

Amount of funds to be disbursed under this petition:

 

a.

 

 

 

 

Balance of account or accounts.

 

 

 

 

 

 

b.

 

 

 

 

Other (specific total amount to be disbursed): $

 

 

 

 

 

8.

Reasons for disbursement of funds:

 

a.

 

 

 

 

Minor has attained the age of 18 years or older, and this is a final distribution.

b. Other (describe):

9.Payee to whom funds will be distributed:

a.Payee (name):

(1)Address:

(2)Amount: $

(3)Purpose:

b.Payee (name):

(1)Address:

(2)Amount: $

(3)Purpose:

c.Payee (name):

(1)Address:

(2)Amount: $

(3)Purpose:

d.Payee (name):

(1)Address:

(2)Amount: $

(3)Purpose:

Continued (if there are additional payees, make a list and attach it to this petition as Attachment 9).

10. Number of pages attached:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF PETITIONER)

SIGNATURE FOLLOWS LAST ATTACHMENT

MC-357 [Rev. January 1, 2007]

PETITION FOR WITHDRAWAL OF FUNDS

 

 

FROM BLOCKED ACCOUNT

For your protection and privacy, please press the Clear This Form

 

 

 

 

 

Save This Form

 

Print This Form

button after you have printed the form.

 

 

 

 

 

 

 

 

 

 

Page 2 of 2

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Form Characteristics

Fact Name Description
Governing Laws The MC-357 form is regulated under the California Rules of Court, specifically rules 3.1384 and 7.954.
Purpose This form allows a petitioner to request permission to withdraw funds from a blocked account.
Types of Petitioners Petitioners can be trustees, custodians, parents, guardians, conservators, or others acting on behalf of the individual whose funds are being withdrawn.
Form Adoption MC-357 is adopted for mandatory use by the Judicial Council of California, reflecting statewide requirements for fund withdrawal petitions.

Guidelines on Utilizing Mc 357

Completing the MC 357 form is an essential step for those seeking to withdraw funds from a blocked account. Once filled out, this form needs to be filed with the court for review. Below are the steps to accurately complete the form.

  1. At the top of the form, provide your name, state bar number, and address in the section labeled ATTORNEY OR PARTY WITHOUT ATTORNEY.
  2. If applicable, include your telephone number and fax number. You can also provide an optional email address.
  3. Fill in the section for ATTORNEY FOR with the name of the party you are representing.
  4. Complete the SUPERIOR COURT OF CALIFORNIA, COUNTY OF section with the appropriate court information, including street address, mailing address, city, zip code, and branch name.
  5. In the CASE NAME section, enter the name of your case as it appears in court documents.
  6. Next, provide the CASE NUMBER.
  7. In the first main section, fill out the petitioner’s name who is requesting the withdrawal of funds.
  8. Indicate whether the person whose funds will be withdrawn is a minor, conservatee, beneficiary, or other, by selecting the appropriate option.
  9. Provide details about the individual identified in the previous step, including their date of birth, address, phone number, school information, and employer details.
  10. If the individual is a minor, include information about the minor's parents including names, addresses, and phone numbers.
  11. Indicate in what capacity the petitioner brings the petition (e.g., trustee, custodian, parent, guardian, conservator).
  12. For the Account status, provide the name and title on account, name of the depository, branch details, account number, and current balance.
  13. If there have been any previous withdrawals, indicate that by selecting either “None” or providing the details of those withdrawals (amount, date, and purpose).
  14. Fill in the total amount of funds you wish to be disbursed based on your petition.
  15. Clearly state the reasons for this disbursement, selecting from the options provided or writing a description if it’s different.
  16. For each payee receiving funds, provide their name, address, amount, and purpose. Be sure to include details for all payees if there are multiple.
  17. Count the number of pages attached to the form, if any, and write that number in the designated space.
  18. Finally, declare that the information is true by signing and dating the form.

Once finished, ensure that all sections are accurately filled, review the form for completeness, and file it with the court as required. Don’t forget to press the Clear This Form button for your privacy before submitting or printing the form.

What You Should Know About This Form

What is the MC 357 form used for?

The MC 357 form, also known as "Petition for Withdrawal of Funds from Blocked Account," is utilized to request permission to withdraw funds from an account that has been blocked by the court. This form is applicable in situations involving minors, conservatees, or beneficiaries, where funds must be disbursed under specific legal circumstances.

Who can use the MC 357 form?

The MC 357 form can be used by various individuals, including trustees, custodians, parents, guardians, or conservators of the person whose funds are being requested for withdrawal. It is essential that the petitioner has the legal authority to act on behalf of the individual whose funds are locked in the blocked account.

What information is required on the MC 357 form?

To complete the MC 357 form, the petitioner must provide detailed information about themselves, the person whose funds they seek to withdraw, and the account status. This includes names, addresses, telephone numbers, birth dates, and details related to the specific bank account, such as the account number and current balance. Additionally, the petitioner must outline the reasons for requesting the withdrawal.

What are the eligibility criteria for requesting a withdrawal?

Eligibility for withdrawal generally depends on the status of the individual whose funds are held in a blocked account. For example, if the individual is a minor who has reached adulthood (18 years or older), or if there is a valid need for disbursement as described in the petition, the request may be granted. However, each request is reviewed case by case by the court.

How is the MC 357 form submitted?

The completed MC 357 form should be filed with the Superior Court of California in the appropriate county. The petitioner may need to attend a court hearing where a judge will review the request and determine whether to grant or deny the withdrawal of funds. It is advisable to check local court rules regarding submission procedures, as there may be specific guidelines depending on the jurisdiction.

What happens after submitting the MC 357 form?

After submission, the court will review the petition. Depending on the case, a hearing may be required. During the hearing, the petitioner may need to provide additional information or clarify their request. If the judge approves the petition, an order will be issued, allowing the withdrawal of funds as specified in the form.

Are there any fees associated with filing the MC 357 form?

There may be filing fees associated with submitting the MC 357 form, as is common with many court documents. Fees can vary by county and depend on the specifics of the case. It is recommended to check with the local court or its website for up-to-date information on fees and possible waivers for qualified individuals.

Common mistakes

Filling out the MC 357 form can be a daunting task, especially if it’s your first time handling legal documents. Numerous mistakes can occur during this process. Awareness of these common pitfalls can greatly enhance the likelihood of a smooth submission. Here are six mistakes to avoid when completing the form.

One frequent error involves providing incorrect personal information about the person whose funds are being withdrawn. Many people forget to double-check the details like date of birth, address, and telephone number.

Another common mistake is neglecting to indicate the correct relationship or capacity in which the petitioner is acting. It’s crucial to clearly specify whether you are a trustee, custodian, parent, or any other relevant title. Misrepresenting your role can lead to complications in processing the request.

Some individuals miss the section on previous withdrawals from the account. Omitting this information or indicating that there have been no prior withdrawals when there have been can create confusion. Ensure that the details regarding past withdrawals, including amounts, dates, and purposes, are correctly documented.

People also often overlook the requirement to specify the exact amount of funds to be disbursed. Stating either too vague an amount or failing to clarify the total can cause delays. Always be clear whether you are withdrawing the entire balance or a specific portion of it.

Additionally, failure to include thorough reasons for the withdrawal is a frequent error. It's essential not only to state the reason but also to provide details that justify the disbursement. Generic responses can raise red flags and result in requests for additional information.

Finally, ensure that you sign and date the form. It may seem basic, but an unsigned or undated form is often rejected outright. This step is crucial in affirming the authenticity of your request and demonstrating compliance with legal standards.

By avoiding these mistakes, you can significantly enhance the efficiency of the process and minimize the chances of having your form rejected or delayed. Proper preparation and attention to detail can make the entire process much smoother.

Documents used along the form

The MC-357 form is often accompanied by a number of other documents that aid in the petition process for the withdrawal of funds from a blocked account. Below is a list of such forms and documents, each serving a specific purpose to ensure clarity and compliance with legal requirements.

  • MC-255 - Petition for Appointment of Guardian: This document is used to establish guardianship for a minor or conservatee, providing necessary details about the individual in need of guardian support.
  • MC-350 - Petition for Withdrawal of Funds: Similar to the MC-357, this form is used specifically to request the withdrawal of blocked funds, often in a simpler format without additional specifications regarding minor or conservatee.
  • MC-350A - Attachment to Petition for Withdrawal of Funds: This attachment provides further details about the petition, including any prior withdrawals or additional accounts from which funds are sought.
  • MC-100 - Declaration of Guardian: A declaration that can be submitted to affirm the role of the guardian, including details about the guardian's relationship with the minor or conservatee.
  • MC-300 - Proof of Service: This document demonstrates that all relevant parties have been notified of the proceedings, ensuring compliance with legal notice requirements.
  • MC-305 - Notice of Hearing: This form serves to inform interested parties of the scheduled hearing date regarding the withdrawal of funds, allowing them an opportunity to respond.

Similar forms

  • MC-356: This form is used to request the establishment of a blocked account. Similar to the MC-357, it involves the management of funds for individuals under specific legal statuses, such as minors or conservatees. Both forms require personal information and details regarding the account and its management.
  • MC-356A: This form is a declaration related to the blocked account. It supports the MC-356 and MC-357 by confirming the compliance with court orders concerning funds. The information being verified is closely tied to the individuals involved in the transactions.
  • MC-045: Known as the "Application and Order for Appointment of Guardian Ad Litem," this form requests the appointment of a responsible adult to manage proceedings for a minor or incapacitated individual. It shares the purpose of safeguarding the interests of those who cannot manage their own affairs.
  • MC-060: This is an "Order to Show Cause" form, used to request a court hearing to explain reasons for certain actions, such as fund withdrawals. Like the MC-357, it addresses situations needing judicial oversight and involves necessary documentation about involved parties.
  • FL-150: The "Schedule of Assets and Debts" is designed for family law cases. It requires similar financial disclosures as the MC-357, especially concerning guardianship or custodianship of funds related to minors or dependents.
  • GC-022: This form is for a "Petition for Order Authorizing Withdrawal of Funds from Blocked Account" filed specifically for conservatorship cases. Like the MC-357, it aims to secure funds from blocked accounts for individuals needing assistance, ensuring their financial needs are met under the law.

Dos and Don'ts

Things to Do When Filling Out the MC 357 Form

  • Read the form thoroughly before starting.
  • Provide accurate and complete information in all fields.
  • Use clear handwriting or type the information if possible.
  • Double-check the case number and account details.
  • Sign and date the form where indicated.
  • Press "Clear This Form" after you finish to protect your privacy.
  • Attach any necessary documents, such as an additional payee list.
  • Keep a copy of the submitted form for your records.
  • Consult an attorney if you have questions about any sections of the form.
  • Submit the form to the appropriate court office in a timely manner.

Things Not to Do When Filling Out the MC 357 Form

  • Do not leave any required fields blank.
  • Avoid using abbreviations or shorthand that may cause confusion.
  • Do not forge signatures or provide false information.
  • Do not ignore instructions provided on the form.
  • Refrain from submitting the form without reviewing it for errors.
  • Do not forget to check for any updates or requirements specific to your jurisdiction.
  • Avoid submitting additional documents that are not required.
  • Do not allow anyone else to complete the form for you, unless authorized.
  • Do not discuss sensitive information publicly while completing the form.
  • Do not submit the form late, as this may delay the process.

Misconceptions

  • MC 357 is only for minors. This form can also be used for conservatees and beneficiaries, not just minors.
  • Completing the MC 357 is optional. If you need to withdraw funds from a blocked account, it is essential to complete this form in accordance with legal requirements.
  • Anyone can file the MC 357. Only individuals with specific legal authority, such as trustees or guardians, can file this form on behalf of the person whose funds are being withdrawn.
  • Withdrawal requests are automatically approved. Each request must be evaluated by the court to determine whether the withdrawal is appropriate and valid.
  • The form is the same in all jurisdictions. The MC 357 is specific to California and may differ from similar forms in other states.
  • Providing personal information is unnecessary. Accurate details about the person whose funds are being withdrawn are crucial for legal accountability and the court's decision-making process.
  • The form is only for one-time withdrawals. While it often addresses specific withdrawals, it can also support requests for ongoing distributions under certain circumstances.
  • You cannot attach additional documentation. It is advisable to attach further documentation as necessary to support your petition, as specified in the form’s instructions.

Key takeaways

Here are some important points to keep in mind when filling out and using the MC 357 Form:

  1. Identify the Petitioner: Clearly state the name of the individual requesting the withdrawal of funds. This is usually the person acting on behalf of the individual whose funds are blocked.
  2. Specify the Person's Status: Indicate whether the individual whose funds are being withdrawn is a minor, conservatee, beneficiary, or another designation. This helps the court understand the context of the petition.
  3. Provide Accurate Details: Fill in all required information about the person, including their date of birth, address, and school or employer, if applicable.
  4. Indicate Parent Information: If the person is a minor, include details about the parents, such as names, addresses, and telephone numbers.
  5. State Your Capacity: Clearly identify your relationship to the individual, whether as a trustee, custodian, parent, guardian, conservator, or in another capacity.
  6. Account Information: Provide details about the blocked account, including the name, title, depository information, account number, and the current balance.
  7. Withdrawal History: Indicate if there have been previous withdrawals from the account. If so, specify the amounts, dates, and purposes of these withdrawals.
  8. Request Specific Funds: Clearly state the amount you are requesting to withdraw, whether it is the total balance or a specific amount.
  9. List Payees: Include the names, addresses, and amounts to be distributed to each payee, providing details about the purpose of each disbursement.
  10. Sign and Date the Form: Remember to sign and date the petition at the end, affirming the truthfulness of the information provided.

Checking for accuracy and completeness before submitting the MC 357 Form is crucial to prevent delays in processing your request.

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