How Do I Claim Lawsuit Money Owed
I was a minor in New York, had an accident in a public park while on a school field trip, got hurt, mother sued, won, lawyer was later disbarred, died. Money was put in escrow, never collected. Now what?
2 Answers from Attorneys
Re: How Do I Claim Lawsuit Money Owed
Hire yourself a lawyer, and go get it. Better to have someone here, since you're in Michigan,--they can help you retain a New York lawyer if one is needed. Should be a matter of filing the proper paperwork, maybe a court apperance, maybe not.
Probably your parent was in charge of the money on your behalf, so you need to have someone review the paperwork to make sure that all is in order (i.e. that there's anything left!!) before charging over to NY.
Definitely check to make sure whether the funds have been adequately looked after before signing off on receipt, you should have some appreciation in value.
Do it soon, though.
Getting the money
You need to know what county your mother sued in and what bank the money was deposited. Most of this can be retrieved online by attoneys. You can also look at New York State's Controller's website see if the bank paid the money to the State as unclaimed funds at:
http://www.osc.state.ny.us/cgi-bin/db2www/ouffrm.d2w/input (use your address at the time of the suit)
You will have to go to the same court (Surrogates) the attorney went to to put the funds into the account, to get an order to release the funds to you, assuming you are over 18 now.
If you know which bank they will have a copy of the order and you can find out what court was involved.
If you are over 18 do it right away!!
If the money was never depoisted in the bank you have to make a claim to the clients fund in Albany to recover your money, up to $300,000.00 at:
The only limitation of the Law Fund is that you have to apply within two years of discovering your loss.
I can be reached at:
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