My 15 year old daughter recieved a gift of $2300 from a family friend to be used for a car. My ex wife (her mother) held the money and then purchased a car with this money and gave the car to my daughter on her 16th birthday, complete with bow and in front of party guest. the car is titled in my daughters name and her mothers name. Her mother married and left the state on short notice taking the car with her. My ex wife refuses to return the car or the $2300, my daughter is 16 years old. Can I sue my ex wife on my minor duaghters behalf or is there a specifc motuion that needs to be filed?
P.S. Friend of the Court can offer no help
2 Answers from Attorneys
You have to have yourself appointed as next friend to represent your daughter's interest. The judge can appoint you. Then you sue for Claim and Delivery in the regular court or you can sue in small claims for the money. Of course, if you get a judgment, you would have to go out of state to collect.
Yes, I think there is legal claim for conversion or misappropriation of funds against the ex-wife. This would probably be most easily filed as a post Judgment Motion with the court which handled the divorce. It is also possible it would a separate lawsuit in Dist Court.