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4 years ago my father threatened to sue me for the money in

my utma account. He said...
4 years ago my father threatened to sue me for the money in my utma account. He said that I signed papers as a minor in his custody that said the money in that account was for him to control and take back when I turned 21. He never produced the signed document, but he kept threatening and harassing me so I ended up giving him the money, which I felt was rightfully mine. I later learned that what he did was illegal, and money in an utma is always intended for the child. My father and I aren't on speaking terms, and I realize he cheated me out of my funds. What can I do? Can I get that only back?
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Answered in 11 minutes by:
6/25/2013
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
Experience: General practice of law with emphasis in family law.
Verified

Welcome and thank you for your question



I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

 

I am sorry to hear that you have been placed in this situation.

 

I suggest that you are going to have to sue him to get the money returned. So the question is does he have the assets to pay a judgment - in other words is it gonna be worth your time and money to go after him ?

 

With that being said, I suggest that you might consider writing him a letter stating that what he did was criminal and that you want the money returned. State that you will have no other option but to report the matter to the District Attorney if he does not return it - I suggest you say within 10 days from receipt of the letter

 

Mail that letter certified with a return receipt requested.

If he does not, then you need to decide if you want to sue him

 

You can also try to get the DA to file criminal charges against him - and the request the court order Restitution to you - but again, that is only going to get your money if he has it to give

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Customer reply replied 4 years ago
He has the money, for sure. My mom also signed the paper and I don't want to get her in trouble. however, my father was emotionally abusive, controlling, and brainwashing her, with many witnesses, so I'm not sure she would be liable.

So if I write him him letter, it is not too late after the incident to proceed with next steps? Can I also sue for legal fees incurred on my end to get the money back?

Hello

 

Well, your Mother would also have to be brought in on a lawsuit. But you don't have to do it. Your Father can, if he can prove that she also used or has the money.

 

And yes, you can proceed with the suggestions as I noted.

 

And yes, if you can get a local attorney to assist you, you can ask the court to assess your fees to him since he is the reason you are bringing the case. That is why the letter mailed certified making the request is an important step. It shows the court you tried to settle it out of court.

Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
Experience: General practice of law with emphasis in family law.
Verified
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Samuel II
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Category: Family Law
Satisfied Customers: 27,011
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Experience: General practice of law with emphasis in family law.

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