Rule 1.120.Disbursing Monies; Motion and Order
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 1.120
Plain-English Summary
Courts hold money, and sometimes the file does not say whose it is or how much of it should go out. This rule handles that. The administrator will not disburse without a court order in two situations: where the amount cannot be determined, including where the administrator would have to calculate interest, past payments, or the proceeds remaining from a sale, and where the specific party or parties to be paid cannot be determined.
When that happens, notice goes out in writing to the presiding judge and to any parties the administrator can reasonably determine might have an interest in the money. The notice must say, to the extent possible, that it is given under this rule, the amount in question, where the money came from, what circumstances surrounded its receipt, any case the money may relate to, and why it is not being disbursed, and it must attach a copy of any document received with the money. The administrator enters in the register the fact that notice was given, when, how, and to whom, so the file shows the history.
Getting the money out takes a motion. The court, or any person with an interest in the money, may submit one for an order to disburse. Notice of the motion goes to persons the submitting party reasonably determines might have an interest. The motion must state that it is submitted under this rule and must include an explanation of the party's interest, supporting mathematical calculations showing the amount that should be disbursed, any supporting documentation or affidavits that would help the court, the name and address of the person to be paid, and a proposed order. On fees, a person who has already appeared in the proceeding pays nothing to file; a person who has not appeared must pay the first appearance fee required by statute.
If the court decides money should go out, its order must direct specific amounts and name the specific persons to be paid. That precision is the point of the whole rule, since vagueness is what stopped the disbursement in the first place. Until the order arrives, the administrator holds the money in the court trust account and follows established accounting procedures.
Frequently Asked Questions
Why will the court not release money it is holding for me?
Most likely because the administrator cannot determine the amount or who should be paid. The rule bars disbursement without a court order in both situations, including where working out the amount would require calculating interest, past payments, or what remains from a sale. You should receive written notice explaining the reason.
How do I get money released from the court?
Submit a motion for an order to disburse. It must say it is being made under this rule and must include your interest in the money, the math supporting the amount you want, any documents or affidavits that help the court, the name and address of the person to be paid, and a proposed order. Give notice to anyone you reasonably determine might have an interest in the money.
Do I have to pay a fee to file the motion?
Not if you have already appeared in the proceeding. If you have not previously appeared, you must pay the first appearance fee required by statute.
Who has to be notified before money is paid out?
Notice runs in both directions. The administrator notifies the presiding judge and any parties who might have an interest when the money cannot be disbursed. The person moving for an order to disburse notifies anyone that person reasonably determines might have an interest in the money.
Where is the money kept while this is being sorted out?
In the court trust account. The administrator holds it there and follows the established accounting procedures until an order to disburse arrives.