Order of Payment
Submitting an Order of Payment
Clear instructions concerning the amount, the payee, and the delivery address are essential. Unless the text of the order specifically directs otherwise or counsel has given us authorization, all disbursements are made payable to the payee client, and delivered to the payee's counsel. Address information should be provided in the order.
When you submit an Order of Payment to the Court, please include explicit payment instructions.
✅Acceptable: "The Clerk is ordered to pay the bond in the amount of $2,000.00 to Jane Doe, 1234 Broad Street, Crankcase, MD 20444."
❌Not Acceptable: “The bond is hereby released."
Court Costs and Interest in Orders of Payment
- Accounting is not responsible for collecting or calculating interest and/or court costs. We calculate interest on the interest-bearing accounts only.
- The exact dollar amount of court costs and interest must be clearly and specifically stated in the Order of Payment and can only be deducted or paid from the appeal bond or any funds that are already held by the Clerk.
- The Clerk's Office will only be able to disburse funds held by the court.
Sample Order Forms
Disbursement of Funds
Appeals
There is almost always a cash bond held by the Clerk in an appeal case, whether appealed to or from the Circuit Court. If funds held are being split between multiple parties, insure that all funds held are disbursed in one order.
Sample Order of Payment of Appeal Bond - sample form used for the return/release of an appeal bond.
Garnishment/Order of Payment
Some banks hold funds until they receive a certified copy of the Order of Payment. It is the responsibility of the attorney (not the Court) to send a certified copy of the Order of Payment if the Garnishee (bank) is holding the funds.
Judgment Orders/Bonds
Bonds covering the payment of a civil judgment are the responsibility of the Plaintiff. Circuit Court is not responsible for the release of a judgment. A vital element of the Judgment Order is the disbursement instructions. Often a final judgment is rendered in a case, but funds held by the Clerk are not addressed in the Final Order. Authorization to disburse funds will never be inferred from the Judgment Order. Explicit disbursement instructions must be directed by a Judge through a written Order.
Timing of the Disbursement
As a general rule, the Clerk's Office will not disburse funds for 31 days, because Orders can be vacated or modified for 21 days or overturned on appeal.
Exceptions
- If all parties agree to the disbursement and sign the Order of Payment stating: “We Ask for This” or “Seen and Agreed”. The Clerk's Office will make an immediate disbursement after the Order is signed by a judge. This exception applies only if all relevant parties sign; blank spaces, signature “by permission”, and signatures waived by Rule 1:13 are insufficient.
- Captions, such as “Seen”, “Seen and Objected”; or language such as “forthwith” and “immediately” are not acceptable.
- If an Order of Payment is entered without the agreement of all parties, the Clerk's Office will release the funds immediately if presented with a letter signed by all the parties agreeing to release funds. The letter must be very specific as to how much and to whom disbursement will be made.
- Once an Order or case is appealed, we will not disburse any funds until the appeal is concluded unless all the parties provide a signed letter confirming that the funds in question are not the subject of the appeal and authorizing the Clerk's Office to disburse the funds.
- Disbursement on interest-bearing and Condemnation accounts will be made on the first working Wednesday after a copy of the signed order is received or provided to the Accounting Department.
- Infant Settlements are payable the first Wednesday after the minor turns 18 years old.
- Garnishment disbursements do not require an agreed Order unless there is pending litigation in the case or any questions about the final disposition of funds.
