Paying money into, and out of, court
Learn how to pay money to the court for a civil or family court case or when managing a child’s money.
Overview
You may be required to pay money into court if you are involved in either:
- a civil court case in the Superior Court of Justice or Small Claims Court
- a family court case in the Superior Court of Justice or Ontario Court of Justice
- managing a child’s assets received from an inheritance, damages from a court case or payment from insurance
The Accountant of the Superior Court of Justice (also known as the Accountant) holds, manages and pays out money, including assets for children, as ordered by a judge or required by law.
The Accountant cannot give legal advice.
How to pay money into court for civil and family cases
If you have been directed to pay money into court, you can either:
Pay the Accountant directly
Step 1: Prepare required documents
If a judge ordered you to pay money into court, obtain a copy of the court order or endorsement. It will say how much you need to pay.
If you need to pay the money into court under a report, offer to settle or acceptance of offer, you should obtain a copy of the document.
The other required documents depend on the type of proceeding:
- family court case, complete Section A of the Request to Pay Money Into or Out of Court (Family) form.
- Small Claims Court case, complete section A of the Request to Pay Money Into or Out of Court (Small Claims) form (PDF)
- civil court case, write a request letter to the Accountant that states:
- that you want to make a payment into court
- your name and address
- your court file number
- the section of law or rule number that requires you to make the payment
- if you are paying into court for a person under disability, provide the person’s name, address and, if the person is under 18, their date of birth
- attach to the letter a copy of any order, report, offer to settle or acceptance of offer under which the money is payable
Step 2: Prepare the payment
Make your certified cheque, money order or bank draft payable to “The Accountant of the Superior Court of Justice”.
Step 3: Submit your payment
Mail your payment and completed request with supporting documents to:
The Accountant of the Superior Court of Justice
595 Bay Street, 8th Floor
Toronto, Ontario
M5G 2M6
After the Accountant processes your payment, they will send you a receipt. You must notify the other parties in your proceeding that you have paid money into court.
Arrange for payment through the bank
Step 1: Prepare required documents
Follow step 1 outlined above under pay the accountant directly.
Step 2: Obtain a Direction to Receive Funds form to take to the bank
After you have prepared your documents, go to the court where your case was filed to get a Direction to Receive Funds from the court office. You will need to give the court:
- a copy of the court order, the report, the offer to settle or acceptance of offer that requires you to pay money into the court
- the documents prepared under step 1. They can be submitted at the courthouse where the case was filed.
The registrar or court clerk will review your documents. If everything is in order, they will give you four copies of the completed Direction to Receive Funds form. The form will tell you which local bank branch to go to. The information on the form will tell the bank to transfer your money to the Accountant’s bank account.
Step 3: Prepare the payment
You can pay with cash, bank draft, money order or a certified cheque payable to “the Accountant of the Superior Court of Justice” in the same amount as shown on the Direction to Receive Funds form. The bank cannot accept personal cheques.
Step 4: Take your form and payment to your bank
Take your payment and all four copies of the completed Direction to Receive Funds form to your bank.
Once your deposit is processed, the bank clerk will give you a receipt or stamp your copies of the Direction to Receive Funds showing that you paid money “into court”.
Tell the other parties you paid the money into court
Small Claims Court, give a copy of the receipt or stamped Direction to the other parties and a copy to the court office. Keep one copy for your records.
Civil court case in the Superior Court of Justice where you paid money into court for:
- an offer to settle or acceptance of settlement, serve a Notice of Payment into Court (Form 72A) to every party. Do not file it with the court
- any other reason, for example, because of a court order, give a copy of the receipt or stamped Direction to the parties and a copy to the court office
Family court case, you are not required to inform the other parties, but it is a good idea to let them know.
Requesting money be paid out from court
If you are entitled to receive the money that was paid into court, you can ask for the money to be paid out if you have a court order or a consent document signed by all the parties.
Step 1: Prepare the required documents
If a judge ordered money be paid out of court to you, you will need to give the Accountant a court certified copy or the original court order, endorsement, or report.
If you want the money directly deposited into your bank account, complete the Direct Deposit form (PDF).
The other required documents depend on the type of proceeding.
Family court case, complete Section B of the Request to Pay Money Into or Out of Court (Family) form.
Small Claims Court case, complete section B of the Request to Pay Money Into or Out of Court (Small Claims) form (PDF).
Civil court case in the Superior Court of Justice, prepare:
- a request letter to the Accountant that states that you want to receive a payment out of court, includes your name and address and your court file number. If you are requesting the payment to go to someone else, provide the person’s name and address.
- The original order or report or a notarized copy or copy certified by the court, unless any of them has already been filed with the Accountant; and
- An affidavit:
- if you are to receive payment because of a court report, the affidavit must state that the report has been confirmed and the manner of confirmation
- if you are to receive payment because of a court order, the affidavit must state that the time prescribed for an appeal has expired and no appeal is pending
Your request form or affidavit must be sworn or affirmed before one of the following:
- a lawyer or paralegal licensed to practice in Ontario
- a notary public
- any other person appointed as a commissioner for taking affidavits, for example, a court registrar or clerk who can commission affidavits
Step 2: Mail the documents
You can mail your request to:
The Accountant of the Superior Court of Justice
595 Bay Street, 8th Floor
Toronto Ontario
M5G 2M6
Once the Accountant receives your completed original forms and supporting documents, you will be sent the money within two to five business days through direct deposit or cheque.
Security for a court matter
How to pay security for a court proceeding
If the court has ordered you to pay security, you must deposit the cash security or give the Accountant a bond or letter of credit. No interest or fees are charged to lien bonds or letters of credit.
You can only provide a bond or letter of credit if allowed in the court order and you meet one of the following conditions:
- the court can stamp and approve the form and content of the bond or letter of credit
- the parties have given their written consent
- the Accountant’s office approves
The Accountant’s office will only approve the request if all the following conditions are met:
- the letter of credit is drawn on a chartered Canadian bank
- the bond or letter of credit is payable to the Accountant of the Superior Court of Justice
- the Accountant’s office can draw on the bond or letter of credit when required
- the bond or letter of credit is irrevocable until expiry or an order by the court to cancel it is received
How to withdraw security held by court
Security held by the Accountant can be released by a court order or a signed consent form complying with the Rules of Civil Procedure.
How to cancel a security
If the security is no longer needed, the Accountant can release the money, a lien bond or letter of credit with a court order or the consent of all the parties.
If security is posted under the Construction Act, the Accountant must have a court order to release the security.
How to pay money into court for a child
Children who have received funds totalling $35,000 or more must have that money paid into court unless:
- there is someone named as the trustee of the child’s money in a legal document, such as a will or beneficiary designation
- a person has been appointed by a judge as a guardian of the child’s property
A child may receive money from:
- an inheritance
- damages in a personal injury claim
- damages from a civil case
- payment under an insurance policy
- payment from a pension or investment account
The Accountant holds money when required by a judge or law or until a child reaches 18 or an age specified in a will, trust deed or court order.
A child’s money can be paid into court by:
- an insurance company
- a pension plan
- a financial institution
- an estate trustee or trustee
- a person who must pay the minor
- a person who must pay the minor under a court order or a settlement of a lawsuit
How to pay a child’s money into court
To pay a child’s money into court, you must mail the following documents to the Accountant:
- A letter requesting payment into court for the child, which includes:
- the reasons for the request
- the child’s name
- the child’s date of birth
- address and names of the parents (or caregivers)
- the child’s Social Insurance Number (SIN)
- A certified cheque payable to “The Accountant of the Superior Court of Justice, to the credit of (child’s name)”.
- An affidavit (a written statement that is sworn or affirmed to be true) from a lawyer, trustee or insurer, or court order (if available) that directs the child’s money to be held by the Accountant.
Trustee’s affidavit
If the child’s money is from an estate or trust, the trustee will need to provide an affidavit. The executor, administrator or trustee must file the affidavit and pay the money into court to the Accountant.
The trustee’s affidavit should contain:
- the child’s full name and date of birth
- facts about why the child is entitled to the money, including the deceased’s date of death and a copy of the will, if applicable
- the value of funds that the child is entitled to receive
- if the amount paid into court is different from an amount specified in the will or other document, provide an explanation about the difference
- the full name and mailing address of the child’s parents, or person with decision-making responsibility for the child, and any guardian of property, if known
- a statement that the trustee desires to pay a specific sum into court for the child
- the date that the child shall receive the money (at 18 years old or an age specified in the will or trust)
Insurer’s affidavit
If the child’s money is from insurance, the insurance company must file the affidavit and pay the money to the Accountant.
The insurer’s affidavit should contain:
- why the child is entitled to the money
- the full name, date of birth and full address of the child
- the name of the person with decision-making responsibility for the child and description of their relationship to the child, for example, parent, grandparent, appointed guardian, etc.
- a statement that the insurer wants to pay a specific amount of money into court for the child
The insurer must also send a copy of this affidavit to the Office of Children’s Lawyer.
Requesting and receiving money from the Accountant
If you need access to your child’s money before they turn 18 or the age specified in the relevant document, you can request the money through the Office of the Children’s Lawyer. Learn more about their Minors’ Funds Program and how to request some of your child’s money.
Your child will be entitled to receive the money held by the Accountant at the age of 18 or a later age specified in a will, trust, deed or court order.
Your child will receive a notice from the Accountant at their last known address that includes:
- Affidavit of Identification
- Statement of Relationship and Identification
- Requisition for Release of Assets
Once the Accountant receives the completed forms and supporting documents, your child will receive the money within two to five business days through direct deposit or cheque.
If your child does not receive a notice or if you have other questions, contact the Accountant at ASCJ@ontario.ca.
Tax slips
The Accountant issues tax slips for investment income earned by the money held in court. Provide your child’s Social Insurance Number (SIN) to the Accountant’s office to make this process easier.
If you do not receive tax slips by mid-March, contact ASCJ@ontario.ca.
Parents or persons with decision-making responsibility for the child should file required income tax returns for the child for the investment income earned.
Requesting an account statement
To request an account statement, you must provide a letter of request and a copy of the child’s birth certificate.
If the child is under 16 years old, you must have the letter of request signed by a parent or person with decision-making responsibility for the child.
How children’s money and assets are managed by the Accountant
Children’s money held by the Accountant is automatically invested in the Office of the Public Guardian and Trustee’s (OPGT) Fixed Income Funds.
If you are a parent or guardian of a child with money held in court, the Accountant will contact you to assess the child’s financial needs and health status.
While managing your money, the Accountant:
- is required to invest prudently
- receives advice from the OPGT’s financial planners
- pays any earned interest back into your account
- may invest the child’s money in other OPGT funds to enhance income, minimize taxes and provide the required investment diversification
If you have questions about how a child’s money is being invested, contact the Accountant at ASCJ@ontario.ca.
Fees
The Accountant’s fees are deducted directly from the child’s account, including:
- a 3% fee on receipts and disbursements (other than original payments into court)
- a care and management fee of 0.60% per annum on the average annual value of the funds under management
No fee is charged when you first pay money into court for a child. Fees are only charged for subsequent deposits.
Money earned from the investment will increase or decrease with market changes.
Fees and applicable HST that are higher than the income earned in that month will be reduced for the month to protect the initial investment.
Withdrawal fees will not be more than the amount of interest earned that month. The fee on the final payment to the child will not be more than the final month’s interest.
Contact
Accountant of the Superior Court of Justice
595 Bay Street, 8th Floor
Toronto, Ontario
M5G 2M6
Minors’ inquiries
ascj@ontario.ca
Litigant inquiries
ascj-info@ontario.ca