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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Family Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of support, visitation, custody, etc.
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I have recently found out that one of my family members has

Resolved Question:

I have recently found out that one of my family members has been drawing cash from my checking acoc**t without my authorization. They would ask for my debit card, on the pretense of buying groceries for me, then draw anywhere from $200 to $400 CASH. This person has also attached a $378 ACH monthly car payment to my account. I did agree to purchase the car, but the understanding was that THEY would make the payments, not me. I am 92 years old, partially blind, wheelchair bound. with just SSI and VA benefits ($2226 per mo) coming in.
Do I have any avenue for legal recourse?
Submitted: 3 years ago.
Category: Family Law
Expert:  Jane Doe Deer replied 3 years ago.
Yes, you do have recourse. Could you please let me know what state you're in, so I can point you in the right direction for help?
Customer: replied 3 years ago.

Forgive me for not providing that needed detail.

I live in Puyallup, Wa - Pierce County, as does the person who has been doing this.

My name isXXXXX and my youngest Son - Michael- is the one that is inquiring on my behalf.

Expert:  Jane Doe Deer replied 3 years ago.

Coincidentally, I'm in Pierce County too! I'm a licensed attorney in WA, working here under a pseudonym.

 

I apologize for the delay in getting back to you, but I didn't work here yesterday (Friday).

 

I am going to ask the moderator to take your names back off your question - we like keeping these messages anonymous.

 

But I'm awfully glad that you're in WA, since I'm most familiar with WA law.

 

First off, contact the bank. They should be able to help cut off that family member immediately.

 

If you want to pursue legal action, there are at least two things that you can do.

 

One is to file a complaint with Adult Protection Services, at http://www.adsa.dshs.wa.gov/APS/reportabuse.htm

 

Let them know that your Dad has been the victim of financial abuse/downright theft. APS will take this matter seriously. They will seek restitution from the thief.

 

Another option is for your Dad to sue the person in Small Claims Court. http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc&altMenu=smal

 

If you go the SCC route, be sure to also ask for reimbursement of the cost of filing in court, the cost of service, and interest.

 

Now, if your Dad is still cogent, make sure that he has given someone trustworthy Power of Attorney (for financial and medical), a living will (directions to doctors regarding end of life decisions, such as whether to connect to machines or not), and a will or living trust.

 

No, I can't represent anyone or take clients outside of Just Answer (in case you were going to ask). I'm pretty much retired (still licensed), but I have no clients and don't want anyone.

 

Again, my apologies for the delay in getting back to you.

 

Don't hesitate to keep writing.

 

My very best to you and your Dad,

 

Jane

 

PS I hope that your Dad is taking full advantage of what the VA has to offer. I hear from retired, disabled VA friends that services at American Lake and Madigan have really, really improved. There may even be some new benefits available. It doesn't hurt to ask!

 

Jane Doe Deer, Lawyer
Category: Family Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English explanations of support, visitation, custody, etc.
Jane Doe Deer and 2 other Family Law Specialists are ready to help you

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