Legal Question in Civil Litigation in Illinois

When a parent takes money out of your account without your permission

I am not sure whether this was the right fourm heading to post my situation, but this came the closest. I am a 20 year old student, working 30 hours a week and taking classes as well. On September 1st, I got 4,000 from the school, which got deposited into my account. This 4,000 was given as grants, for my own personal use. My father, somehow got my bank password and transferred the money from my account into his account, and then sent me an email saying he would give me the money as I needed it. Even though I am a dependent on him (according to the fasfa forms) does he have the right to take that money from my account, and does he have right to access my funds? I support myself, pay for my rent, and bills and everything. My question is, if he does not cooperate and give me the money, is there any thing that can be done?


Asked on 9/03/05, 12:37 am

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: When a parent takes money out of your account without your permission

Hello. Based upon your information, Daddy violated the law. Under Illinois law, you have

reached the age of majority. What was done

amounts to theft (at the felony level). This is

a very serious situation. The office of the

State's Attorney will seek to prosecute dad,

if they get a hold of this case, in my opinion.

Here are your legal options as I see it. You can write dad and politely tell him what you might do, if he does not return the money; it's grant money earmarked for a particular purpose which may even put you on the hook, if the donors were to find out. Next, you can file a lawsuit against dad, after making a written demand upon him for return of the money. Finally, and the most severe step, would be to make a police report and take the police report to the Office of the State's Attorney in your county. Also, daddy may have violated federal law, hence the Office of the U.S. Attorney might be interested in this offense. In my opinion, these are your legal options. It might not be a bad idea to discuss this with other family members. Dad's intentions, in his mind might be honorable, but the legal consequences of his actions could blow his mind. However, seeing a relative, especially your dad, carted away to

jail is a terrible experience. You asked for legal options, however talking this over with dad and getting family members involved to resolve this whole mess probably would benefit

everyone and would be less distracting for you

as a student. I will be happy to answer any

additional questions that you might have.

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Answered on 9/04/05, 4:26 pm


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