Dec252025
Surplus Funds Q&A Series

How can I get the court clerk to release my disbursement check when they say they still don’t have the right authorization forms? – North Carolina

Short Answer

In North Carolina, the Clerk of Superior Court generally cannot release money being held by the clerk until the file contains whatever documentation the clerk needs to confirm who is legally entitled to the funds. When the clerk says the “right authorization forms” are missing, the fastest path is usually to (1) confirm exactly what document the clerk requires, (2) file it in the correct case file with proof of filing, and (3) if the delay continues, file a written motion or petition asking the clerk to enter an order directing payment from the funds on deposit.

Understanding the Problem

In North Carolina surplus-funds matters, a common question is: can the Clerk of Superior Court release a disbursement check when a claimant says authorization paperwork was submitted, but the clerk’s office still treats the file as incomplete? The actor is the Clerk of Superior Court (and staff), and the action requested is release of a check from money held by the clerk after a sale or other proceeding. The key trigger is whether the clerk’s file shows clear authority to pay a specific person and whether any timing window that could affect who is entitled to the money has closed.

Apply the Law

Under North Carolina law, when money is paid into the clerk’s office (including surplus proceeds paid to the clerk), the clerk holds the funds and pays them to the person legally entitled. If the clerk is uncertain who is entitled (or if competing claims exist), the clerk may hold the funds until entitlement is established through a special proceeding before the clerk, and factual disputes can be transferred for trial in superior court.

Key Requirements

  • Clear entitlement to the funds: The file must show who is legally entitled to receive the surplus (for example, based on the nature of the surplus funds and any claims or liens).
  • Proper authority in the court record: The clerk typically needs a court-filed document trail that supports payment (often including an order or a complete set of claimant/assignment authorizations, depending on the situation).
  • No unresolved competing claims: If adverse claims exist or the clerk is in doubt, the clerk can hold the funds until a special proceeding determines ownership and directs payment.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a claimant expects disbursement checks from funds held by the clerk, and the claimant believes the needed authorization forms were submitted before the appeal period ended. The clerk’s refusal to release the check suggests the clerk’s file does not show “proper authority” to pay (either because the documents were not filed into the correct case file, were not accepted/processed, are incomplete, or the clerk views entitlement as still uncertain). Because the firm re-submitted the authorizations after learning a prior contact no longer works there, the practical issue is usually proof of filing and making sure the clerk can match the paperwork to the correct funds and payee.

Process & Timing

  1. Who files: The claimant (often through an attorney). Where: The Clerk of Superior Court in the county where the funds are held (typically the county where the sale occurred). What: A written request that identifies the file number, the fund type (surplus proceeds), the payee name(s), and attaches the authorization documents; if needed, a motion for disbursement or a petition to determine entitlement. When: As soon as the clerk reports missing or incorrect authorization paperwork; delays often happen when filing is not clearly reflected on the docket.
  2. Next step: Ask the clerk’s office (in writing) for a specific checklist of what is missing and whether an order is required for release. Then file the missing item(s) through the method the clerk’s office will docket (eFile, in-person file-stamp, or other county-approved method), and keep file-stamped copies/receipts to prove the record is complete.
  3. Final step: If staff still will not release the check after the record is complete, request that the matter be placed before the clerk for a decision and ask for an order directing payment. If the clerk says entitlement is uncertain or there are adverse claims, file the statutory special proceeding to have the clerk determine who is entitled and enter a disbursement order.

Exceptions & Pitfalls

  • Misfiled or undocketed paperwork: A frequent cause of delay is that documents were emailed, mailed, or delivered but never file-stamped into the correct case file or indexed to the correct funds. A file-stamped copy (or eFile receipt) usually matters more than a screenshot or email chain.
  • Authority problems: If the claimant is relying on authorizations (such as an assignment or direction to pay), the clerk may require signatures, notarization, or confirmation that the signer had legal authority. If the clerk is not satisfied, the clerk may insist on a court order rather than informal “authorization forms.”
  • Adverse claims: If another person filed a claim to the same surplus (or the clerk otherwise doubts entitlement), the clerk may hold funds until a special proceeding resolves ownership under the surplus-funds statutes.
  • Pick-up versus mailing: Even if a claimant prefers to pick up a check, some clerk’s offices require mailing to the payee of record or require ID/appointment procedures. A request to pick up a check still depends on the clerk first approving release and recording the payee correctly.

Conclusion

In North Carolina, the clerk releases surplus funds only when the court record shows clear authority to pay the correct person and no unresolved entitlement issue remains. When the clerk says the “right authorization forms” are missing, the practical fix is to confirm the exact document the clerk requires, file it into the correct case file with proof of filing, and then request a clerk-entered order directing payment if the delay continues. If the clerk is unsure who is entitled, a special proceeding may be necessary to obtain a disbursement order.

Talk to a Surplus Funds Attorney

If a clerk’s office is holding surplus funds and the disbursement check is delayed over missing or “incorrect” authorization paperwork, an attorney can help confirm what the clerk needs, make sure the documents are properly filed, and request an order directing release when appropriate. Call today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Surplus Funds Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.