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

UPDATED: Sep 29, 2022

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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


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

Answered 7 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.

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 AttorneyPages.com 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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