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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I was in a mental after a mental breakdown. I was awarded

Customer Question

I was in a mental ward after a mental breakdown. I was awarded money from an accident. The check was delivered you sister house. She took me to deposit it in account and I have get my atm card check book so that she could bring me necessities. She and my niece depleted my account. She had not been assigned POWER OF ATTORNEY. WHAT ARE MY RIGHTS TO OBTAIN MY MONEY
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Customer: I paid before and never received a response
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Customer: I paid more than 5$
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Customer: Nope. When I came online my question was already there thesis my original quedtion
JA: Anything else you think the lawyer should know?
Customer: This happened over six years ago. I want to know if I can file a civil claim. My sister has a house husband. She forged checks to pay her husband's church rent.
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Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using the forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn of this situation.

The civil claim that you have against your sister and your niece is "conversion" (the civil equivalent of theft).

The issue that you are going to run into is the statute of limitations. You say that this occurred 6 years ago.

There are different statutes of limitations for each state, so if you can provide me the state in which this occurred I can better assist you.

You can also potentially "toll" the statute of limitations (meaning start the statute later than the actual theft of your money) due to your mental incapacity during your hospitalization. This may help get you past the statute issue.

  • I know you were asking for civil remedies, but this is also a potential criminal matter, and you may also consider making a police report - although the significant delay may make any such report far too late for the police to be able to assist you (but I want to address your question as completely as possible).