Help????

What is the name of your state?Texas
I have just received papers from small claims court. My mother has filed a lawsuit against me for $980.00. I'll try to make this simple. My dad was in a nursing home because he fell @ home and had to go to a nursing home to rehab. My mother took him out of the nursing home before he was medically released. I disagreed with this so I called Adult Protective Services. APS seemed to agree with me until they spoke to my mother then they let my dad stay @ home even though he was not medically released yet. Now because of all this my mother or my dad will not talk to me or my daughter, their granddaughter. My mother has completely turned my dad against us. The lawsuit is for $980. I was a signer on their account. I transfered $80 to my account to buy things for my dad in the nursing home. He was aware of this, but now he just agrees with everthing my mother says. Then my mother had some extra money in her account so I transfereed $900 to my account, again my dad knew about this. The money was for a $600 transfer that I made into her account, plus payment for lawn care and removal of tree limbs after a storm and repayment that I had paid on her behalf to her Capitol One credit card. I am very upset that she is taking me to small claims court. Like I said they are both mad at me because I called APS. What can I do?

bfsmith said:

What can I do?

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Answer the lawsuit with a copy to your mother AND to the court. The deadline for doing this is 10 days from the Monday following the date you were served (shown in the complaint).
After you have done this, call the court and ask when the hearing is. Show up at the time/date shown.

Still needing HELP!!!!

Texas...Thank you for your answer, but I also need to know what my chances are of keeping the money? What documentation do I need as evidence? If you need more information to help me let me know. Thank you so much!!!!

bfsmith said:

Texas...Thank you for your answer, but I also need to know what my chances are of keeping the money?

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Based solely on the very limited information in your post, I would say your chances are between nil and none.
Your own post says that you "transfered $80" to your account, then "transfereed $900" to your account. Clearly at this point, right or wrong, the account holder denies your right to do so.

What documentation do I need as evidence?

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Written authorization to transfer the funds, with his signature on it should do.

Thank you so much!!!!

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You're welcome.

have more????

I guess what I do not understand is why if I am an authorized signer on their account and have transfereed money from and into their account in the past, why is there a problem now? The only reason my mother is doing this is beacuse she is mad because I called APS on her concerning my dad. Do I not have any options at all? Thank you again.

bfsmith said:

I guess what I do not understand is why if I am an authorized signer on their account and have transfereed money from and into their account in the past, why is there a problem now? The only reason my mother is doing this is beacuse she is mad because I called APS on her concerning my dad. Do I not have any options at all? Thank you again.

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Being an authorized signator to an account does not give you 'carte blanche' to use that account at your own will and bid. That only applies if it is a joint account.
A VP of a company may have 'signature approval' on an account, but that doesn't mean he can write himself a check from that account to buy a personal vehicle.

bfsmith,
It is apparent that you are concerned about your parents. They do need you and your family, and being astranged from them over $980.00 is just not worth it. Remember, things will only deteriorate for them. Unfortunately, your parents will most likely end up in a huge crisis due to their increasing lack of compentency in caring for themselves. Swallow your pride, give them back the $980.00, and apologize for calling APS. Even though I agree with your decision to do so, your mother is upset over this. Let your parents know that you were, and are still, concerned with their health and safety. Mend the fence, be there for them, and help them make any adjustments to their home and that will increase their safety. For instance, the number one thing that elderly trip over are rugs. Also, check this website for items that will help them live at home safer www.dynamic-living.com. And, get proper authorization to use their account.

Reply for Blondie

Thank you Blondie for your kind reply. I believe that I will take your advice.
What I need to know is do I wait and go to court since I have already been served with papers, or do I (can I) work a settlement before then?

You're very welcome.

I will only advise you to call the court house and ask them the question regarding settling the matter prior to the court date. Perhaps, one of the lawyers will be so kind to further address this matter. Just be sure to have a check (bank draft) made out to both your parents and make sure that you have documentation for everything.