What can I do if my mother will not give me my insurance settlement check?

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What can I do if my mother will not give me my insurance settlement check?

I was bitten by a dog when I was 10 years old, I am now 22 and just got a check for $10,000 sent to my mom’s house. She says the only way I can get it is to put $5,000 in her checking account. She has not talked to me in 4 years and the only reason she is now is because of this money. The check is in my name and I feel that I don’t owe her anything. I have another check coming when I turn 25. What should I do?

Asked on July 31, 2015 under Personal Injury, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue your mother for conversion which is theft in a civil case to obtain the check.  Your damages (monetary compensation you are seeking in your lawsuit) would be the return of the check.

If your mother has spent any of the money, you can trace it to the item(s) purchased and recover those items or their value.

You don't owe her anything and should NOT pay the $5,000 she is demanding.


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