Form 72B: Affidavit for Payment Out of Court (Ontario Guide)

Who Needs Form 72B: Affidavit (Motion for Payment Out of Court)?

This form is for individuals, businesses, or legal representatives who are requesting the release of money or property that has been paid into the court in Ontario.

If you’re involved in a case where funds have been deposited with the court—such as in a civil lawsuit, family law matter, or estate case—you’ll need Form 72B to formally ask the court to release those funds.

Common reasons you might need this form include:

• A settlement agreement has been reached, and you’re entitled to the funds.
• A court order states that you or someone you represent should receive the money.
• The case has been resolved, and the court is holding funds that should be paid out.

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What Is Form 72B: Affidavit (Motion for Payment Out of Court)?

Form 72B is a sworn statement that supports your request for the court to release funds or property. It confirms key details, such as:

• Your identity and connection to the case,
• Why you are entitled to the funds,
• The specific amount you’re asking the court to release,
• Any supporting information the court needs to make its decision.

This form helps ensure that the court releases funds only to the correct person or organisation and in line with the court’s rules and any existing orders.

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Where Is This Affidavit Submitted?

Form 72B is submitted to the Superior Court of Justice in Ontario as part of your motion for payment out of court.

You’ll also need to serve a copy of the form on any other parties involved in the case. This lets them know you are asking for funds to be released and gives them a chance to respond if they object.

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Why You Need a Notarized Affidavit for Payment Out of Court

Form 72B is a legal affidavit, meaning it must be sworn or affirmed in front of a notary public, commissioner of oaths, or lawyer.

Notarizing the form confirms that:

• The information you provide is true and accurate,
• You are legally entitled to request the funds,
• The court can rely on your affidavit when making a decision.

Without notarization, the court may reject your request or delay the payment.

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How to Complete and Notarize Form 72B

Here’s a step-by-step guide to help you fill out and file Form 72B:

1. Enter your name, address, and contact details at the top of the form.
2. Identify the case details: Include the court file number and names of the parties involved.
3. Explain why you are entitled to the funds:
   • Reference any relevant court orders, settlements, or agreements.
   • Include the amount of money you’re asking for.
4. Attach supporting documents: These may include a copy of the court order, settlement agreement, or proof of identity.
5. Swear or affirm the form in front of a notary public, lawyer, or commissioner of oaths.
6. File the affidavit with the court and serve a copy on the other parties in the case.

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Final Note

Form 72B: Affidavit (Motion for Payment Out of Court) is an important tool for requesting the release of funds held by the Ontario courts.

By completing the form clearly, swearing it in front of a notary, and filing it with the court, you help ensure that the process moves smoothly and that funds are released fairly and in line with legal requirements.

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