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View Full Version : Should I sue?


The Batman
January 16th, 2009, 04:41 PM
Personal things have made me remove this info.

Requin
January 16th, 2009, 04:53 PM
Read a book on law???
That is a very sticky situation, very. If she did sign it then I don't think it's technically legal. I'm not sure.

But, I suppose you could sue her?? It's up to you..if she's done it to others as well, then she's not being the most honest person. Is she??

But I don't want to say what you should do, it should be you who decides.

byee
January 17th, 2009, 12:52 PM
Good riddance, right?

Just a point of fact, Thomas? Were the checks made out to you? It's unclear how she was able to cash your checks. Your recourse might be with whoever cashed the checks.

I think you might want to confront your grandmother with this behavior and get an explanation and make the request that she reimburse you. See how that goes. Your best hope for recovery the $$$ is thru conversation with her.

Suing often makes people feel better, but even if you get a judgement against her (i.e. you win), the court does not guarantee you'll collect. In order for that to happen, you'd have to attach her assets (if she has any) or put a lein on her house (if she owns one), and it might be forever until you collect (usually after she attempts to sell attached assets).

Requin
January 17th, 2009, 12:54 PM
That's a good point..

"Sew the bastards" isn't always the best option..it offers more relief and comfort, but it doesn't always work.
It depends if your after her/your money or just after the justice???
Which do you want?

theOperaGhost
January 17th, 2009, 01:11 PM
Thomas, this could be a criminal matter rather than just a civil matter.

Something similar yet very different happened with my cousin. My cousin got a letter saying he had non-sufficient funds, and he knew that couldn't be. He checked with the bank and his (ex) wife took almost all of the money out of HIS account (they didn't have a joint account, so it was HIS account). He was going to prosecute her, except it was during the divorce so his lawyer said it would be wise to wait until the divorce and custody are settled.

Thomas, I'd consider getting a lawyer, after you see who cashed your checks. The bad part about getting a lawyer is it could be rather expensive, but I'd consider it.

-Silence
January 17th, 2009, 01:16 PM
If you do sue how much of that money from those checks would be paying for a lawyer?
Would it be worth it?

The Batman
January 17th, 2009, 02:52 PM
She says she knows nothing about it but she has used other people's names to get money before. I know that she won't give me any money and she'll most likely do it again so I would rather let justice be served. The checks were in my name.

theOperaGhost
January 17th, 2009, 03:14 PM
Report it to your bank...or don't you use a certain bank. If you use a certain bank, I'd report it to them. If worse comes to worse, I'd report it to the police, honestly. It's illegal, they have to do something about it.

byee
January 17th, 2009, 05:53 PM
Thomas, if the checks were in your name, how did she cash them? She would have to prove she was you by providing some ID. Whoever cashed them should be contacted, they might have some liability here.

Likewise, whoever issued you the checks should be contacted. Explain that you never receinved the checks, and that they were cashed fraudently. See what their policy is.

Suing her in small claims court might make you feel better, but, again that doesn't mean you'll collect. If you try working with the issuer and cashier, you might be abe to get some recourse here. If not, sadly, there might not be anything you can do.

The Batman
January 17th, 2009, 10:26 PM
Details removed

Antares
January 18th, 2009, 12:23 AM
You know. You are in a predicament. Being in financial issues with your family is hard. Emotionally, mentally, etc. I think the first thing I would tell you is to sue! Sue the hell out of her. Go to small claims and sue for 1,500 dollars. The amount owed plus pain and suffering and legal fees. Especially if the minute details are in your favor.
On the other hand to go to court its gonna cost money. Lost wages, etc.

So my advice would be to first confront her. Tell her that you want your money back. Now. Or have her work to pay you back. So like 100 dollars a month or something. If she agrees get it in writing!
In general, jsut talk to her.

byee
January 18th, 2009, 02:46 PM
The checks were in my name but there is this gas station a few miles from where she lives that knows she's my grandma and she'll say whatever she has to to get the check cashed. I would rather settle it with the store first and then take it up with her. I will not let this thing pass though because if she doesn't respect me enough to atleast give me notice that I was still on the payroll and they would still be issuing checks to my name then she doesn't have any respect for me or anything.

You'd have a better case against the gas station. Legally, they cannot cash a check made out to a third party. So, if this is about the money, then you might also want to confront the gas station manager, and tell him your intent to inform the police and sue.

I think the issue is more emotional for you, though. Grandma's aren't supposed to steal from their grand kids (or anyone, ftm). However, your grandma is a real piece of work, Thomas. Whatever personality disorder she has is the result of some twisted crap within her, it's not about you, or a lack of respect or regard for you. It's not reflective of any of that, it's reflective of how disturbed she is. She doesnlt know right form wrong, she's very selfish.

Try to get the check reisssued, try to get the gas station to return the money, try confronting your grandma, but just remember it's just money, it'll come back to you in another way later on life, you'll make it back. Don't get yourself too twisted over this, you have to focus on college.