What steps can I take to get money back that a family member has taken from me and refuses to give back?

UPDATED: Jul 27, 2011

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What steps can I take to get money back that a family member has taken from me and refuses to give back?

I had opened a savings account when I was underage so I needed an adult to co-sign. My mother had been the co-signer but agreed to never touch the money. Through the past 6 years I have been able to put money into the account and save. I had almost $9,000 saved up. During a dispute between me and my mother she decided to clean out the account. I have proof that everything was put in by me. the car I drive right now is titled under her name. She wants the car back but I need some sort of transportation to get to/from work/school. Is there any way to get the money back?

Asked on July 27, 2011 Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

How old are you now? 18 years plus or younger?

If you are an adult, 18 years old or more, you can bring a lawsuit against her for the return of the money plus accrued interest. If you are younger than 18 years, you need to have a guardian ad litem to represent you in a lawsuit against your mother since minors cannot sue in their own. They need an adult guardian to bring a lawsuit in their name.

The above suggestions pre-suppose that your mother will refuse to give you the money back voluntarily.

Will your mother sign a promissory note to you regarding the money she took with accrued interest payable by a set date? If she is, that is another option to resolve the dispute. The statute of limitations for a minor to bring a lawsuit does not start to begin running until the minor reaches 18 years of age.

Good luck.

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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