QUESTION
Capital one put my 80,000 personal injury check in my mother's preexisting checking account violating the infant compromise, what are my options?
Asked on Jun 15th, 2019 on Personal Injury - New York
More details to this question:
Back in 2012 I had a personal injury that took place in Bed, Bath, and Beyond. The settlement was a little over 100 grand, approximately 80 after lawyer fees. There was an infant compromise order that stated that the check be placed in a trust account with no use until I turned 18. Instead my mother brought the check to capital one and they mistakenly placed the check into her own personal checking account. The money was spent right away for things I had no idea or control over. What can I do?
1 ANSWER
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
So sorry to hear this happened to you. You should read the Infant Compromise Order and see if it identified the bank into which the settlement proceeds were to be deposited jointly with an officer / trustee of the bank (they usually do). Assuming the Order in your case contained such a provision, Capital One would arguably be on the hook for the money's disappearance. You should speak with the attorneys who represented you in the case against Bed, Bath & Beyond and see if they can help you or perhaps bring a lawsuit against Capital One for not safeguarding the funds.
Answered on Jun 17th, 2019 at 10:24 AM