How can I stop my mother from stealing my settlement check if I'm a minor?

Question

I was in a wreck 2 years ago, and I’m receiving a settlement check for $12,900. My mother is trying to take all the money and tell me I can't do anything about it. The check is supposed to be mailed in about 2 weeks. What can I do? Or how can I put a hold on it?

Kenneth Ricks · Answer

In California all settlements with a minor have to be court approved by way of a Petition for Compromise of a Minor's Claim. The court will order the money be deposited into a blocked account not accessible until you are 18 unless upon a showing of good cause to the court your guardian ad litem gets a court order to withdraw from the account.  Practically speaking you should contact the insurance company issuing the settlement check and tell them you want the settlement to be court approved; follow-up with a letter.

Paul Whitfield · Answer

If you are under age I dont think there is anything you can do. Your parents are responsible for you and for your medical bills.if you are underage the insurance co normally pays the money through the court and the clerk holds the money. Call the insurance co and tell them you want the court to approve the settlement. That is what they should do anyway.

Christian Joseph Menard · Answer

Contact the payor of the check and tell them to hold off sending the check until you can have the court approve the settlement. You may have to hire an attorney for this as a Petition for Guardian Ad Litem needs to be filed asking for an adult to act as your guardian for the legal proceeding. Once the Guardian is appointed, you need to file a Petition to Compromise a Minor's Claim. In the Petition, you ask that the money be placed into a blocked account for a set amount of time, usually until you become an adult at which time the money is to be released to you.

Malosack Berjis-Myers · Answer

Your attorney should have filed a minors compromise.

James Eugene Hasser · Answer

Settlements for minors for amounts over $10,000 have to be approved by a Court. The money can only be spent for your needs. A lawyer should have been assigned to you at the time the Court approved the settlement. Get in touch with him or her. If you don't know who that is, call a lawyer and ask for help.

NA richard@jandjlaw.com · Answer

Look at Superior Court Special Proceedings Rule 98.16 W. I doubt that a liability insurer will settle a case for as much as 12K solely on a parental release. So, I suspect that the liability insurer will require a petition to the Superior Court for approval of the settlement, appointment of a Guardian Ad Litem, and that the net settlement money be placed in a blocked account for you at a federally insured financial institution. I gather you don?t have a lawyer.  Maybe you should talk to one.

David Stoddard · Answer

If there was a lawyer representing you and your mother, call the lawyer and seek his or her help.  If there was no lawyer, call the lawyer representing the insurance company, or the adjuster, and let them know your concerns.  They may schedule a hearing for the court to approve an alternate payee.

Lori Beck · Answer

Call the attorney and tell them what is happening.  Hopefully, they can put it in a trust account.

Kevin Habberfield · Answer

The check will come to you, not her. It is generated by court order and likely not released until you turn 18. It's your money not hers, if you are having issues, call the attorney that represented you for help.

Mark West · Answer

Is there a lawsuit involved?  If so, the Court, in California, has to approve the settlement and the money goes into a blocked interest bearing account until you turn 18.  Then the money is turned over to you.  If there is no lawsuit involved, and you have an attorney, that attorney has to get that settlement approved as well, and has to go to Court to get it done.  If you have no attorney I would strongly suggest you get one immediately to assist you in getting the money put in the proper account to await your 18th birthday.

James Kelaher · Answer

You can ask that the money be put in a guardianship account with a bank being the guardian.

Matthew Kaplan · Answer

In Oregon if you are a minor and receiving under 25K the funds must go into a court blocked account in your name only.  Not even your parents can make withdraws from the account with authorization from the court.  You need to call your attorney and voice your fears and let him/her know that should he give the money to your mom and she spend it, you will sue the attorney and the insurance company.

Wayne Wimer · Answer

Under the laws of most states, minor settlements have to be approved through the court system.  Check with the Bar Association in your state and get a referral to an attorney who handles minors' claims and have that attorney make demand on your mother to comply with the law.  The money isn't hers since it is for settlement of claims that you have.

Erven Nelson · Answer

You need to hire a lawyer to look into things.  You should have a guardian ad litem (for lawsuit) appointed to protect your interests.  You or your new lawyer can contact the company or person who is going to send the check and either place a hold on it or have it addressed to a safe place where you can get it.

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How can I stop my mother from stealing my settlement check if I'm a minor?

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