Sample Inmate Trust Account Order to Withdraw Funds for Court Costs, Fees, Fines and Restitution
The Office of Court Administration in coordination with the Texas Department of Criminal Justice (TDCJ) has prepared three alternative forms to be used with the judgment form as a withdrawal order for court costs, fees, fines and restitution from the offender's Inmate Trust Account. (Please note that language mentioning the withdrawal of money for restitution may be removed from the forms when another entity within the county collects restitution.)
Make sure the style of the case in the Order to Withdraw Funds form matches that of the judgment and the amount of costs, fees, and/or fines and/or restitution listed is consistent with that listed in the bill of costs and the judgment. (Note that TDCJ does not want a copy of the bill of costs.) If the defendant made post-judgment payments toward the amounts due, show the full amount initially owed in the judgment (that is, the amount prior to any post-judgment payments). The amount in the Order to Withdraw Funds form will be the amount in the judgment less the amount of any payments made.
Always Notify the Offender:
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Note: A copy of the Order to Withdraw Funds must be sent to the offender. The offender must be given time to dispute the amounts on the above documents.
Sample Withdrawal Order Forms – Three different forms are available depending on usage.
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This form is used when the Bill of Costs is not completed until after the judgment is signed (i.e. the attorney fees are not known) or the offender is already incarcerated.
Sample Form - Order to Withdraw Funds form that is completed separately after the judgment. (Form is stapled on the top of the judgment form when sent to TDCJ.) [Word] - updated 05/25/2010 -
This form is completed when all court costs, fees and fines are known at judgment and the Order to Withdraw Funds becomes part of the judgment. Note that the new judgment form needs to be used with the box under the fine line checked. This form references the judgment to which it is attached.
Sample Form - See "9. Attachment A Order to Withdraw Funds" http://www.txcourts.gov/oca/felonyforms/index.asp [Word] - updated 07/06/2010 -
This form is used for Consolidated withdrawal orders – A consolidated withdrawal order maybe used for unpaid court costs, fees, and/or fines, and/or restitution when a defendant is convicted in multiple separate cases and there are, as a result, multiple separate judgments. The withdrawal of funds for these unpaid debts maybe combined into one or more Order to Withdraw Funds. Generally, the case/cause number for the case with the longest sentence should be used. This cause number will be placed at the top of the Order to Withdraw Funds form. TDCJ will enter this cause number and add an "X" at the end of the cause number to help identify that this cause number is for multiple cases. When this occurs, the Order to Withdraw Funds is processed as a single order and the clerk is responsible for allocating the funds that are received to the multiple cases.
For example: There are five (5) cases on a single offender and the clerk wishes to consolidate those cases into two (2) withdrawal orders. Three (3) of the case/cause numbers are listed on one Order to Withdraw Funds form and two (2) case/cause numbers on another. When the first Order to Withdraw Funds is processed, the initial withdrawal amount is based on the current account balance. When the second Order to Withdraw Funds is processed, the initial withdrawal amount is based on the new current account balance (that is, the amount remaining after the initial withdrawal is made pursuant to the first withdrawal order). For each subsequent deposit, 20% of each deposit (10% for each withdrawal order) is withdrawn. Note that if each of the five (5) cases had a Order to Withdraw Funds and after the initial withdrawal, 50% of each deposit would be withdrawn, creating a disincentive for family members or others from making future deposits to the offender's Inmate Trust Account.
Sample Form - Order to Withdraw Funds form that consolidates the amounts owed in multiple cases into one order. [Word] - updated 05/25/2010
Updated: 01-Mar-2011
