Do I have a case if I wasn’t paid money that I’m due?

UPDATED: Oct 1, 2022

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Do I have a case if I wasn’t paid money that I’m due?

I was given a car as a gift,. I went to Carmax and sold it but the title hadn’t been flipped in my name so the check was written to my cousin in agreement that she would go and cash it and give me my money. Well she refused to cash it and then my mother agreed to deposit it and give us the cash minus $650 for rent. However, once it was in her possession she stated that she wasn’t giving me any of the money. What can I do?

Asked on February 9, 2018 under Criminal Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You sue her the money: that's how you get money someone took from you. Your mother stole from you: you sue her for "conversion," which is a type of theft in which someone takes or keeps your money which was entrusted to them. If the amount is less than the limit for small claims court, the fastest and most cost-effective option is to sue in small claims as your own attorney ("pro se").

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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