Registry of the Court
Financial and Court Registry General Information
Depositing Funds by order of the court, the registry can accept the following funds as per Local Government Code 117.052(c):
(1) funds of minors or incapacitated persons;
(2) funds tendered in an inter-pleader action;
(3) funds paid in satisfaction of a judgment;
(4) cash bonds;
(5) cash bail bonds;
(6) funds in an eminent domain proceeding; and
(7) any other funds tendered to the clerk for deposit into the registry of the court.
Investing Funds
When directed by court order, as per Local Government Code 117.053(c), the clerk of the court shall transfer any registry funds into a separate account:
(1)interest-bearing deposits in a financial institution doing business in this state that is insured by the Federal Deposit Insurance Corporation;
(2) United States treasury bills;
(3) an eligible inter-local investment pool that meets the requirements of Sections 2256.016, 2256.017, and 2256.019, Government Code; or
(4) a no-load money market mutual fund, if the fund:
(A) is regulated by the Securities and Exchange Commission;
(B) has a dollar weighted average stated maturity of 90 days or fewer; and
(C) includes in its investment objectives the maintenance of a stable net asset valueof $1 for each share. Once an order to invest is granted, the party who submitted order will need to fill out and submit a U.S. Government Money Market Fund form in order to proceed with the investment. Submit form to:
Cameron County Clerk’s Office
ATTN: Court Registry
835 East Levee St. 3rd Floor
Brownsville, Texas 78520
Or by email to cc.bookkeeping@co.cameron.tx.us
You may call Finance Division for any additional questions at 956-544-0815
Change of Address
To update an address with the Court Registry, write a brief letter notifying our office of the new address and deliver or mail letter to:
Cameron County Clerk’s Office
974 East Harrison St. 2nd Floor
Brownsville, Texas 78520
Withdrawing Minor’S Funds
If you have funds in the registry, have turned 18 and wish to withdraw those funds, our office can prepare an order for disbursement or this may be handled through a private attorney. To have our office prepare the order, please review our Application to withdraw funds from the registry of the court and submit the necessary documents.
Once a completed Application to withdraw funds has been submitted to our office, we prepare the order and send it to court, where a judge must sign it. The average time frame is approximately six to eight weeks, depending on the court’s schedule.
Withdrawing Other Funds
The registry must have a signed court order in order to release funds on deposit. An order can be prepared by hiring and attorney or by going to any law library to obtain information how to prepare and order.
Language For Orders to Withdraw Funds From a Court’s Registry
As ministerial officers, County Clerk Office employees are barred from using their personal discretion when performing functions for a court. Thus, when presented with an order from a court, a County Clerk employee must perform in strict conformity with the order’s language and not make any assumptions or personal interpretations. Orders to disburse funds must be clear, complete and void of any uncertainty. Therefore, to avoid any unnecessary delays in the disbursement of funds, please consider the following three issues when drafting an order to disburse:
- Does the order clearly state the COUNTY CLERK IS ORDERED TOissue the check?
- Does the order state exactly who is to receive the check? For example: The County Clerk is ordered to ISSUE A CHECK PAYABLE TO JANE LEE DOE.
- Does the order include the amount to be paid and reference to the accrued interest? For example: The County Clerk is ordered to issue a check payable to Jane Lee Doe FOR AN AMOUNT EQUAL TO ALL FUNDS PLUS ACCRUED INTEREST or THE PRINCIPLE AMOUNT OF $ , PLUS ACCRUED INTEREST.
When an order’s language does not address the above three areas, our office will be unable to make a disbursement until the corrections are made.
To avoid a delay in receiving the check, please include where the disbursement is to be mailed.
Per Chapter 117 of the Texas Local Government Code for funds deposited in the registry of the court.
Administrative expenses
Please note an administrative expense shall be deducted from each withdrawal, depending on the type of withdrawal. The deduction is not optional. It is required by Local Government Code § 117.054 and § 117.055. Local Government Code § 117.054 states if an account earns interest, the clerk at the time of withdrawal, shall deduct 10% of interest earned and shall be paid to the county’s general fund. Local Government Code § 117.055 states the clerk must, at the time of withdrawal, deduct a fee of 5% of the total amount but shall not exceed $50 from non-interest bearing accounts.
Unclaimed Funds
Minor’s funds that are unclaimed by the age of 21 are relinquished (escheated) to the State or to the County, depending on amount. Sums that are over $100 will be relinquished to the State and sums under $100 will be forwarded to the County treasurer. Monies that are escheated to the State may be claimed from the Unclaimed Property Division.
Accounting Statements
The current interest rate accrued on Court Registry Accounts is a variable rate that changes daily and is compounded monthly. The interest rate share is calculated on a pro rate share of the daily registry balance and interest earnings. Interest is posted to the accounts on a monthly basis. If the interest earned on an account is $10.00 or more, a 1099-INT Form is mailed out on or before January 31st of each year.
If a Form W-9 is not on file, the applicable percent of interest earned as determined by the Internal Revenue Service will be withheld until a Form W-9 is received. A Form W-9 is a Certification of Taxpayer’s Tax Identification Number. Once you have completed the Form W-9, you may mail it to us at:
Cameron County Clerk Office
ATTN: Court Registry Section
P.O. Box 2178
Brownsville, Texas 78523
To receive a statement of funds deposited into the court registry, you may send a letter, which includes the case (cause) number along with all other identifying information to our office.
Refunds
Refunds are batch processed at the end of each month and take approximately two weeks from the last day of the month in which the refund was processed.
Redeeming Returned Items
Return items must be redeemed with our office immediately with two separate money orders or cashier’s checks. The first payment should cover the amount of the original check and second payment is for the bank service fee of $30.00.