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daniellet_212 | What happens when someone is owed a settlement but cannot be found? |
I am trying to figure out the best way to find out information from an accident settlement from many years ago for my friend. Her daughter was about 2 years old and got hit by a car, and there was supposed to be a settlement for the child held until she turned 18. Well she is almost 17, they have moved around quite a bit in the last 15 years, and has no information whatsoever. My only thought was to start with the police report....any other ideas of what else to do from there? |
 |
 
MSAD
|
Most claims for minors have to be court approved. In my state - any claim where the minor gets over 2500 has to be approved by the court. There will be court papers outlining the settlement. The settlements vary. Some courts require a guardian be appointed and specify that the money be held in a specific account. The money can only be released with the permission of the courts. Some minors claims are settled as a structured settlement - (in essence an annuity).
If the claim is under 2500 then the parents are paid as parents and guardians of the minor and sign a release stating that they will hold the money in trust for the minor.
If the case required court approval - have the mother or who ever was named guardian -contact the clerk of court for the area where the accident happened. If that county did not handle the case then check the county where the defendant lived. They may be able to give you some information on who to follow up with or how to get a copy of the filed papers.
You can also call the insurance company that handled the claim. They may be able to locate it. Now - their file is 15 years old - it's gonna be in dead storage and it may be difficult for them to get the info. Insurance companies will destroy files after a while - they don't hold onto them forever. However, claims involving minors - those files are usually held for x number of years past the minors 18th birthday so they may be able to find it. |
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Jay
|
She's probably going to need a lawyer, but try this 1st. Call the insurance company who settled it. They don't have the money anymore so they don't gain anything by hiding it. (I'm guessing that it was put into a trust)
Other than that call anyone and everyone who has any knowledge of this- police dept, use the police report call EVERYONE and then call them all again and again. Don't let it rest and don't give up. What's right is right and what's owed is owed. |
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wartz
 |
Contact the state controllers office or whatever agency in your state handles unclaimed property |
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doodad
 |
Start with the court where the jusgement was given.
She should do it through the clerk of the courts and you should go mind your own business.
The courts will not give you any information about it so I really am wondering why you are sticking your nose into it.
Hey, you can ask a question, we can ask hard questions.
Have a blessed day.
Doodad |
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torrie
|
Why aren't the parents handling this or are they STILL to lazy to follow up?
IF they had way back when the question would not include "suppose to be" they would know if there was a settlement and for how much and into what TRUST fund the monies were put into and who the trustee was and at this moment be trying to work with the trustee in transfering the funds when the child turns 18! |
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Margarita D
 |
Your friend should remember the name of the attorney that handled the case on behalf of her daughter. The attorney would know who was assigned to be trustee for funds. If she cannot remember & the case was filed in court, she can go to the courthouse & look up the information. If that doesn't work, then they will need to check with the insurance company that paid settlement.
Good luck to you & your friend & daughter. Hope you are successful in your quest! |
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Robert J
 |
If the person cannot be found, the insurance company keeps the money in a fund when he or she can be found. They can't just keep it. Go to www.missingmoney.com You can look there if you have any money that is owed you. Most states are on it. However, more information is being added every day. I found $1800 on there for my cousin. Go look. |
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mbrcatz
 |
The legal guardian will have to contact the insurance company regarding the settlement. The insurance company information SHOULD be on the police report. |
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