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What is concidered an emergency?

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lesegrubb30

Junior Member
What is the name of your state? Pennyslvania

Hi ! I need to know some important information. I filed a lawsuit on behalf of my then 13 year old son.. he is now 14. We settled out of court for a large sum of money .. The court then ordered it be placed in an account under the terms "Not to be touched before age of majority or by order of the court"
My then attorney said it has to be an emergency to touch this money .. which i am and was ok with .. but now I want to know what classifies as an emergency ? We will be homeless in 3 weeks. We wa living in a family members home .. who was not completly truthful with us .. she has since lost this home to sherriff sale and we have 3 weeks to get out .. with 4 kids and 2 adults.. problem is this .. we have a large SSI check coming but not until April .. we have no other funds at least not enough to get a place to live. The county where i live has very limited funds.. Your lucky to get help to pay a bill let alone rent or buy a place.
Would this qualify as an emergency ? would the court see that as an immediant need and issue us the right to get just enough to get a place suitable for all us to stay together as a family rather then have to go to a shelter?????
our kids are older .. its not like they are little .. this would be really upsetting to the kids as well as my hubby and I .. this is our last place to look for funds.. has it ever been done that a parent can borrow against the lawsuit moneys with court approval and must pay it back ??? We would even be willing to do that !! please help ! time is running out !
:confused: :(
 


HomeGuru

Senior Member
lesegrubb30 said:
What is the name of your state? Pennyslvania

Hi ! I need to know some important information. I filed a lawsuit on behalf of my then 13 year old son.. he is now 14. We settled out of court for a large sum of money .. The court then ordered it be placed in an account under the terms "Not to be touched before age of majority or by order of the court"
My then attorney said it has to be an emergency to touch this money .. which i am and was ok with .. but now I want to know what classifies as an emergency ? We will be homeless in 3 weeks. We wa living in a family members home .. who was not completly truthful with us .. she has since lost this home to sherriff sale and we have 3 weeks to get out .. with 4 kids and 2 adults.. problem is this .. we have a large SSI check coming but not until April .. we have no other funds at least not enough to get a place to live. The county where i live has very limited funds.. Your lucky to get help to pay a bill let alone rent or buy a place.
Would this qualify as an emergency ? would the court see that as an immediant need and issue us the right to get just enough to get a place suitable for all us to stay together as a family rather then have to go to a shelter?????
our kids are older .. its not like they are little .. this would be really upsetting to the kids as well as my hubby and I .. this is our last place to look for funds.. has it ever been done that a parent can borrow against the lawsuit moneys with court approval and must pay it back ??? We would even be willing to do that !! please help ! time is running out !
:confused: :(
**A: sounds like an emergency to me if the family has no shelter. Add in no clothes and food too and you should be able to squeeze some money out of the account.
 

lesegrubb30

Junior Member
did call

HI ! I did put a call in to the attorney however .. we had a significant snow here yesterday and his office seems to be closed .. Which I understand since he lives far from the office.. I am asking so I know wether or not it is even an emergency a court would concider .. or should I also be searching other avenues(IF THERE ARE ANY!)? Of course my attorney is going to take it into court and ask for a release of X amount of dollars.. and my attorney is going to tell me it is a possibility .. HE GETS PAID TO ! So he is gonna do his best.. I want to know is it realisticly something the courts will even fancy .. OR has it ever been done that the parents BORROW against the money and pay it back ???
Time is running out .. that is why I am here .. searching ALL MY avenues!
Thank you for your reply.
 

lesegrubb30

Junior Member
Attorney Called back

HI ! For all those curious minds, my attorney did call me back . And he said that it does involve my son but does not involve him directly . The courts can still put it back on me that it is our jobs as parents to provide him with a home not his job to help pay for that home thus denying our request to touch the funds . However he did advise us to contact the attorney for Wells Fargo(they hold the deed now) and ask them to grant us more time to stay based on the fact we have a disabled child.. or offer to purchase the home . If that is a no go then call him back.. in the mean time he will see what grounds we could use to take in front of the court to get funds from the account so we can get a place to live.

Just thought i would give everyone a heads up in case anyone ever wants to know in PA what is concidered an emergency to access a childs account that has a court stipulation on it .

Thanks to all who replied.. HOPE there is an end to this nightmare with a much happier ending then what i am predicting!!
 

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