Form 4B Affidavit (Motion for Payment Out of Court)

Who Needs Form 4B: Affidavit (Motion for Payment Out of Court)?

Form 4B is for individuals or legal representatives who are asking the Ontario court to release money or property that’s being held by the court. If you’re involved in a case where funds have been paid into the court—like a civil dispute, family law matter, or estate issue—you’ll need this form to formally request that the court release those funds to you or your client.

You might use Form 4B if:

• A settlement has been reached, and the funds are ready to be paid out.
• The court has made an order saying you should receive the money.
• You’re applying for payment under a judgment.

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What Is Form 4B: Affidavit (Motion for Payment Out of Court)?

Form 4B is a sworn legal statement that supports your request for funds. It confirms:

• Who you are and how you’re connected to the case,
• The reason why the court should release the money to you,
• The exact amount of money or details of the property you’re asking for,
• Any orders or documents that support your request.

The court uses this information to decide if it’s appropriate to release the funds.

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Where Is This Affidavit Submitted?

Form 4B is filed at the Ontario Superior Court of Justice as part of your motion for payment out of court.

You must also give a copy of the form to any other parties involved in the case. This gives them a chance to respond or object if needed.

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Why You Need a Notarized Affidavit for Payment Out of Court

Form 4B is a legal affidavit, which means it must be sworn or affirmed in front of a notary public, commissioner of oaths, or lawyer.

Notarizing the form confirms that:

• You understand your legal responsibility,
• The information you’re giving is true,
• The court can rely on your statement when deciding whether to release the funds.

If the affidavit isn’t notarized properly, the court may reject it or delay the release of funds.

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How to Complete and Notarize Form 4B

Here’s a simple step-by-step guide:

1. Fill in your name, contact details, and role in the case (e.g., claimant, lawyer).
2. List the case information: file number, names of parties involved.
3. Explain why you are entitled to the funds:
   • Reference the court order, judgment, or agreement that supports your request.
   • State the amount of money or details of the property.
4. Attach supporting documents: such as court orders or agreements.
5. Swear or affirm the affidavit in front of a notary, lawyer, or commissioner of oaths.
6. File the completed form with the court and serve it on the other parties in the case.

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Final Note

Form 4B: Affidavit (Motion for Payment Out of Court) is an essential document when you’re requesting the release of funds from the court. By clearly explaining your entitlement and notarizing the form properly, you help ensure your request is processed smoothly and fairly.

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