ACCOUNTING DEPARTMENT
The Accounting Department of the Fairfax Circuit Court is located on the third floor of the Fairfax County Courthouse at 4110 Chain Bridge Road in Suite 318. The Department is open between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday. Telephone (703) 246-2502, TTY 711
Overview
The Accounting Department of the Fairfax Circuit Court Clerk's Office has a number of critical procedures outlined below for receipts and disbursements that differ by case type.
Mailing Address
ATTN: Accounting Department Fairfax
Circuit Court 4110 Chain Bridge Road, Suite 318
Fairfax, VA 22030
Receipt of Funds
Receipt of Funds Requiring a Court Order
Funds deposited with the Clerk to be held pending resolution of a case. All Orders submitted must state that payment is to be directed and payable to the Clerk of the Circuit Court. There is no General Receiver for Fairfax.
- Interpleaded Funds
- Interpleaded funds are deposited to secure the release of a party from a case. Any interpleaded funds, including infant settlements, require an order signed by a Circuit Court Judge. We will not accept interpleaded funds without a signed Order. If you have interpleader funds to deposit, bring the funds and a copy of the Order to us and we will receipt them immediately. We take checks, cash, money orders or cashier checks for this purpose.
- Trust Funds
- Trust funds and/or infant settlements to be held by the Clerk should not include the date of birth, address, nor social security number in the body of the Order. Prior to an entry of an Order, the beneficiary or representative shall file an Affidavit of Identity of a Trust Fund Beneficiary with the court. Such Affidavit is to be maintained under seal by the court, and the information shall be used solely for the purposes of financial management and reporting.
- Affidavit of Identity of a Trust Fund Beneficiary - Notarized Affidavit, court order and check should be provided to the Accounting Department.
- Infant Settlement - Change of Address Form - Use this form to update the Accounting Department if the address information of the infant settlement beneficiary moves before turning 18 years old.
Receipt of Funds Not Requiring a Court Order
- Appeal Bonds
- Appeal bonds, whether to or from the Circuit Court, will be accepted without an Order. However, cash bonds must be in the form of cash, cashier's check or certified check only.
- Condemnation, Garnishment, and Restitution Cases
- Funds deposited in condemnation, garnishment, and restitution cases do not require an Order prior to depositing with the Clerk's office.
Interest Accrual
General Rules
- Only condemnation deposits earn interest automatically.
- Funds deposited with the Clerk's Office will not earn interest without language inserted into an Order that the Clerk shall place the funds into an interest-bearing account. Without this language, we cannot give interest.
- Appeal bonds never receive interest.
- If funds are already on deposit in a non-interest bearing account, it is possible to get a separate order asking the Clerk to place those funds in an interest bearing account.
- It is not the responsibility of the Clerk's Office to remind parties to seek interest.
Court-Ordered Interest Bearing Accounts
- Court-Ordered Interest Bearing funds are either very large amounts and/or funds which will be held for a long time (such as infant settlements).
- Funds placed in an interest-bearing account will begin receiving interest on the next business day after their deposit. We cannot back date the beginning of interest.
- The Clerk's Office will not generate statements of account. If the parties receiving interest would like to know the amount of interest earned on their account, they must Contact Accounting.
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.
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 for Payment - sample form used for the return/release of an appeal bond.
Judgment 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.
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.
