Court & Trust (C&T) Funds

Withdrawing Court and Trust Funds
All monies paid to the courts for legal matters, such as bail, etc., are held by Finance in a Court and Trust Fund Account.

Withdrawals can only be made by sending a certified copy of a court order specifically directing us to return your payment (ref. CPLR 2606, 2607). After legal action has ended, the claimant(s) who have been awarded the monies must take the following actions to make a withdrawal:

1. Complete an Application for a Certificate of Deposit.  This form shows exactly how much money, including added interest, is currently in your account.

• All fields should be completed using the instructions located on page 4 of the form.
• If the question does not apply to you, write "N/A."
• Mail the application with a check or money order for $1.00 (Payable to "NYC Department of Finance) to the address on the form.

Finance will return a copy of the Application to the claimant(s), along with a Certificate of Deposit.

2. Claimant(s) (or claimant's attorney) must prepare a court order for withdrawal of funds.

• Attach the C&T Certificate of Deposit and the copy of the Application.
• Present it to the court.

NOTE: All court orders must direct the Department of Finance or the Commissioner of Finance to pay to the specified person(s) the amount(s) plus interest, if any, less lawful fees.

3. After the judge signs the order, claimant(s) must take a copy of the signed court order to the Clerk of the Court and have it certified. There is a fee for certification. A certified court order is required for withdrawal of funds.

4. Each claimant, including attorneys, must complete a W-9 form, providing their tax identification number.

5. Claimant(s) should submit the certified copy of the court order, the  W-9(s), and any other documents requested by Finance, by mail or in person.

The order will be processed, generally within ten business days, and a check will be mailed to each of the claimants named in the court order. Finance will deduct a fee of two percent (2%) of the money held for administering the trust.

Required Forms and Submissions

Certified copy of the court order directing the withdrawal of the money held in trust.  It is obtained from the court where legal action occurred and certified by the Clerk of the Court for a fee.

Application to the Commissioner of Finance for a Certificate of Deposit
Download Form (52k)

Certificate of Deposit - Finance will provide the up-to-date total of money currently held at Court and Trust, including added interest.

W-9 form - Federal tax form providing Finance with information necessary to report a payment to the Internal Revenue Service.   Form 1099 is sent to the payee showing interest income.  For more information about W-9 forms, see Internal Revenue Services (IRS)

Signature Verification (Optional) - Used in Court and Trust cases when it is necessary to obtain the notarized signatures of all persons (individuals, attorneys, corporations) to whom payment is being made). This form is required for all payees whose notarized signature does not appear on the Application for Certificate of Deposit.

Signature Verification
Download Form (35k)

NOTE: The procedures and forms described above are general guidelines. In more complicated situations, more documentation may be required. Some examples may include: Powers of Attorney, Letters of Administration, and IRS Nonresident Withholding Certificates.

See also Abandoned Bail.