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Nov
05

Clerk's Trust Fund

Registry of the Court

Whenever the clerk of the superior court has funds held in trust for any litigant or for any purpose, the funds are deposited in a separate fund designated "clerk's trust fund," and shall not be commingled with any public funds. (RCW 36.48.090)

Clerk's Trust Fund Deposit Types

The Clerk may receive money, on behalf of a superior court case, for deposit into the Clerk's trust fund, also known as the court's registry. The types of deposits received include:

  1.  Funds paid in satisfaction of a judgment
  2.  Funds of minors or incapacitated persons
  3.  Funds tendered in an interpleader action
  4.  Cash bonds
  5.  Funds in an eminent domain case
  6.  Any other funds tendered to the clerk for deposit

Interest-Bearing Accounts

Case funds, held in trust by the clerk, of $2,000.00 or more may be placed into an interest-bearing or investment account upon request.

A party to the case must submit to the Clerk a written request for funds to be transferred to an investment account. This request should include the case number, dollar amount to be invested, and language that the request is "pursuant to RCW 36.48.090."

An investment account request may be filed as a document into the case record or delivered in the form of a letter addressed to the Clerk's Office: 

    King County Superior Court Clerk
    Attn: Accounting
    516 Third Avenue, Rm E-609    
    Seattle, WA  98104

The interest income on funds placed into an investment account is usually very small as the interest rate is generally less than 0.05%.

When it is time for the funds to be disbursed, the Clerk's Office will retain 5% of the interest earned as an investment service fee.

 

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