debit card fraud in TN

[ivy cottage]

What is the name of your state (only U.S. law)? TN

My mother passed away in 2012. About 3 years before my then son-in-law stole her debit card and stole about $900 off it for merchandise to sell. Charges were pressed and he was to pay restitution, court coasts, etc. I believe one payment was made to her. She began suffering from alzheimers disease and it was forgotten about. He has never repaid the debt. I am/was the estate official. Is it too late to make him pay this debt?

 

[Zigner]

What is the name of your state (only U.S. law)? TN

My mother passed away in 2012. About 3 years before my then son-in-law stole her debit card and stole about $900 off it for merchandise to sell. Charges were pressed and he was to pay restitution, court coasts, etc. I believe one payment was made to her. She began suffering from alzheimers disease and it was forgotten about. He has never repaid the debt. I am/was the estate official. Is it too late to make him pay this debt?

You can contact the court on behalf of the estate to find out how to get the restitution order enforced.

 

[justalayman]

do you have a realistic expectation of recovering the money even if legally able to? That's not much money to be beating your head on a wall for.

If your mother's estate has been closed, you no longer have any authority to act on behalf of the estate. You would have to reopen the estate and your position re-asserted. Then, if otherwise legally able to, you can chase the money. Of course, if there were debts unpaid, you an use that money to pay those debts.

 

[ivy cottage]

Debit Card Fraud in TN

You can contact the court on behalf of the estate to find out how to get the restitution order enforced.

I forgot to mention that my name was also on her account. Does that help any?

 

[Mark Maroon]

I forgot to mention that my name was also on her account. Does that help any?

If you were a joint account owner, then the money was stolen from you just as much as it was from the other joint account holder. So long as the statute of limitations hasn't passed, you can sue the person who stole the money from your bank account in civil court and seek it's recovery there (plus your court costs).

 

[davew128]

If you were a joint account owner, then the money was stolen from you just as much as it was from the other joint account holder. So long as the statute of limitations hasn't passed, you can sue the person who stole the money from your bank account in civil court and seek it's recovery there (plus your court costs).

Why would someone sue a person who was ordered by a judge to make restitution? A court order is ALREADY in place.

 

[quincy]

Why would someone sue a person who was ordered by a judge to make restitution? A court order is ALREADY in place.

There are times when a civil suit, even when there has been court-ordered restitution, can make sense.

Here is a link that is informative, from the National Center for Victims of Crimes: https://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/restitution

 

[Mark Maroon]

Why would someone sue a person who was ordered by a judge to make restitution? A court order is ALREADY in place.

I don't know if there is anything that I can do to collect on a court ordered restitution. But I know how to collect on a civil judgment.

 

[ivy cottage]

Debit card fraud

If you were a joint account owner, then the money was stolen from you just as much as it was from the other joint account holder. So long as the statute of limitations hasn't passed, you can sue the person who stole the money from your bank account in civil court and seek it's recovery there (plus your court costs).

My name was on the joint account. There was a court order. One payment was made. It has been over 5 years but under ten years, around 2008 0r 2009. Whom do I contact to see if this action is still valid? What court or the like? Thank you