Legal Question in Civil Litigation in California
Is this conversion and is a claim for punitive damages warranted?
My grandmother sent everyone in the family a gift of $12,000, in the form of a check. The check was written out to me and mailed to my mother's house. My mother showed me the check, let me hold it for about 3 minutes, then grabbed it back and said she was going to ''hold it for me.'' I asked for it back and she refused. I have made several requests for the money and she claims she now put it in a fund that cannot be touched. I asked her how she could have done that without my consent, my knowledge or my signature. She lied and said she had sent the check back to my grandmother who in turn rewrote the check out in my mothers name. I have spoken to my grandmother and this is not true. She never got the check back and can't understand why I was never given the money. I am in a situation where I am in dired need of these funds in order to secure safe housing for myself and my two daughters. I again requested the money and again my mom has refused, threatening to send it back to my grandmother. Do I have a valid claim of conversion and what types of damages may I be entitled to?
3 Answers from Attorneys
Re: Is this conversion and is a claim for punitive damages warranted?
Try filing a police report for theft. Suing will cost you money and time.
You should realize this will ruin your relationship with your mom.
Re: Is this conversion and is a claim for punitive damages warranted?
You can always sue your Mom and have her thrown in the hoosegow for forgery, and for all I know she deserves this outcome, but there are obvious risks involved.
Have a lawyer write her a letter on the lawyer's letterhead requesting that she not forge your signature on the check and that she return the check to you.
A savvy lawyer will phrase the letter in such a way as to apprise Mom of the downside of her course of action without coming across as mean or threatening.
Also, it was not clear from your letter whether the check cleared Grandma's bank or whether she has the cancelled check.
As an aside, Grandma should not be making gifts of more than $10,000 per person per year, or she could be liable to pay gift tax to the IRS.
Re: Is this conversion and is a claim for punitive damages warranted?
answered below
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