Legal Question in Personal Injury in California
how can i locate monies awarded to me in court from 1979 suit.
In 1979, I was 8, my parents sued the insurance company of a driver that severly injured me in a car accident. I was awarded a large amount of money that was put in some type of trust fund in my name only, by the judge, according to my mother. I am now in my 30's and my father will not give me or my mother any answers as to the money or what happened to it. The attorny in that case was and still is a very close friend of my father's. Im not sure if i should contact the attorny or what to say. My mother only remembers that it was in a San Francisco court. What is the best way to find this money legally? Are there certain records of our case in a records department somewhere. I am totally blind to the legal process and terms. Please shed light.
4 Answers from Attorneys
Re: how can i locate monies awarded to me in court from 1979 suit.
You can go to the S.F. courts and run a search for your name. You can telephone the attorney, he has a duty to give you that information, and, not tell your father if you so instruct him.
Joel Selik
Re: how can i locate monies awarded to me in court from 1979 suit.
Try going to the attorney and reminding the attorney that he acted on your behalf and you want the file and to know where the funds were deposited. The other method is to search the Court's records for your case, which is not to difficult. In your court file there should be an approval of a �Minor's Compromise�. On the document it should state where the money is located. Since so much time has passed, the Bank holding the funds, if that is what was done, may have turned the funds over to the State as unclaimed/abandoned funds.
Re: how can i locate monies awarded to me in court from 1979 suit.
If the case was filed in the San Francisco area, you can likely do an internet search by going on the court's website to locate your file by your last name and/or the name of the defendant. That will give you a starting place and a case number. Go to the court and review the file, which will likely be in the archives. The file will have an Order dealing with a Minor's Compromise and will indicate the back and account number into which the money was to be deposited. You can then contact the bank or whatever bank now owns that bank's assets (many banks have been merged) to determine the status of the account. Given your facts and the length of time that has passed, I would not be surprised to learn that your parents used the money for their own purposes or that the money was escheated to the state. Depending on the amount of money involved, you may want to talk with an attorney about your options.
Re: how can i locate monies awarded to me in court from 1979 suit.
Normally minors' funds are kept in a "blocked account" and are payable only to the minor when he or she turns 18 and are (as specified in the order) not subject to "escheat" (bank turns over unclaimed money to the state). But banks (and parents) sometimes do funny things with minors' blocked accounts. Do not hire an attorney to get your money. Do all of the following:
1. Inquire at the SF court clerk's office, go to the index and have the case file pulled.
2. Write a certified letter to the lawyer demanding information.
3. Go to sco.ca.gov and look in the state unclaimed property database. (Everybody should do this.)
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