QUESTION CENTER

CAN'T FIND WHAT YOU ARE LOOKING FOR? SUBMIT A QUESTION YOU WOULD LIKE TO SEE ANSWERED ON LAWFORKIDS.ORG

Settlement question Question

0
When I turned 18 years old, I received a substantial monetary court settlement. The check that was deposited was in my name and entered into my bank account, however my mom is attached to it as a parent account. Do my parents have any legal rights to that money? What can I do to recover any money that has been removed from the account without my consent?
Responses (1)
  • Accepted Answer

    Wednesday, April 26 2017, 01:04 PM - #Permalink
    0
    Under the law a check is a type of negotiable instrument that allows a person or an entity to transfer money to another person or entity. The issuer, the person writing the check, fills out the "pay to the order of" line with the name of the person who will receive the money. The person whose name is on the check on that line is the owner of the money at the time when the check is cashed.

    Once the money is deposited into a bank account the owner or owners of the account have access to the money that is inside the account and may draw on it, take money out. There are many types of bank accounts and each type has their own rules. The bank that holds the account will be able to provide detailed information on how the money in a specific account may be accessed and by whom.

    If a person who is not authorized is removing money from your account then they are committing theft under A.R.S. 13-1802. Theft is when a person intentionally takes the property of another, including money, intending to keep it.

    Arizona Law states:

    13-1802. Theft; classification; definitions

    A. A person commits theft if, without lawful authority, the person knowingly:

    1. Controls property of another with the intent to deprive the other person of such property;
    The reply is currently minimized Show
Your Reply