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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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").


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