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J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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A family member has removed $21,000 plus from another family

Resolved Question:

A family member has removed $21,000 plus from another family members savings account in which this person was to oversee. After two separate attempts to ask (in writing) the individual to explain the missing funds and to make arrangements for repayment, we (the family) have not received a response. The individual lives in the state of Arizona. I live in the state of Washington and my sister lives in the state of Nevada. What can we do if anything? Can we take the individual to small claims court, and if yes, what state would we need to file in.
Thanks you
Submitted: 4 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 4 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

The suit would have to be filed either in the state in which the person who is listed on the count resides or in the state in which the person to be sued resides. A third possibility would be to sue in the state in which the bank account is located, if different from the first two. However, it is best to file in the state in which the person sued resides to make sure the court can get "jurisdiction" (i.e. the power to compel) the person.

J.Hazelbaker :

Unfortunately, $21,000 is above the small claims limit in all 50 states. The suit would, therefore, have to be brought in regular trial court.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

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