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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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MY SISTER STOLE MY MONEY FROM MY BANK ACCOUNT WHILE I WAS IN

Customer Question

MY SISTER STOLE MY MONEY FROM MY BANK ACCOUNT WHILE I WAS IN A MENTAL HOSPITAL IS THERE A STATUTE OF LIMITATIONS ON FILING A CLAIM
Submitted: 7 months ago.
Category: Legal
Expert:  Maverick replied 7 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….1. How did she get access to the account?2. Did she have a power of attorney?3. Was she jointly named on the account?
Customer: replied 7 months ago.
SHEWAS ONLY TO HOLD MY BANK BOOK , AND ATM CARD, TO BRING TO ME WHEN I NEEDEDTO GET PERSONALS
NOT POWER OF ATTORNEY
NOT NAMED ON ACCOUNT
Customer: replied 7 months ago.
SHE
Expert:  Maverick replied 7 months ago.
So you claim against her would be one for civil conversion. Conversion is the unauthorized deprivation of property from a person entitled to its possession.  Sandy Creek Condominium Ass'n v. Stolt & Egner, Inc., 267 Ill.App.3d 291, 294, 204 Ill.Dec. 709, 642 N.E.2d 171, 174 (1994).   To prove conversion, the plaintiff must establish (1) a right in the property, (2) a right to immediate possession, (3) wrongful control by the defendant, and (4) a demand for possession.  Cirrincione v. Johnson, 184 Ill.2d 109, 114, 234 Ill.Dec. 455, 703 N.E.2d 67, 70 (1998). more to come...
Customer: replied 7 months ago.
NOT
Expert:  Maverick replied 7 months ago.
The statute of limitations is five years for a claim involving personal property (735 Ill. Comp. Stat. 5/13- 205 (2010)). For a claim involving a negotiable instrument (such as checks, bearer bonds and promissory notes), it is the earlier of either: „ three years after it was due for payment and went unpaid; or „ ten years after the date it was drafted. (810 Ill. Comp. Stat. 5/3-118(c), (g) (2010).) „