My question involves court procedures for the state of: California
First, thank you for this site. I hope I can find an answer to my dilemma. I'll do my best to keep it short so bear with me.
Over ten years ago, I opened a checking account with a big named bank. I had my daughter added as an authorized signer, in the event of my incapacitation so my bills could still be paid. Nothing ever happened, though. Thank goodness.
At the time, we were very close and she was in her right mind. Since then, her mental health has deteriorated and she's become quite irresponsible, financially speaking. On top of that, she has cut me out of her life and we haven't spoken for five years so I don't really know how she's doing.
Today, I received a letter - or rather a form - from the bank, telling me they have taken out a sizeable amount of money to satisfy a debt (daughter's debt) owed to the Franchise Tax Board. The form didn't come with a court document attached, it had only her name, case number and a reference number. I was shocked and very upset. I have no other money than this account and they have now depleted it by two-thirds.
I went to the bank and spoke with someone who called the legal department in Delaware (that's where this legal department is, I guess). I heard only one side of the conversation, too. Apparently, the person on the other end of the phone told this bank customer rep that it was my daughter's account. (It wasn't.) The bank rep replied back that it was "her mother's account." A few more "uh huh"(s) and "oh, I see"(s), she hung up. She hung up and she told me I should contact the Franchise Tax Board and file some sort of form to have the funds returned to me. Other than that, she offered little help in this.
I immediately decided to close the bank account and open a new one where my name alone would be on the account. No other authorizing signatures allowed.
This is wrong. Pure and simple. My daughter is 40 years old and chosen this life for herself. Furthermore, if there was communication from the FTB prior to this action, that money would be taken, I never received it because, as I stated, I have no contact with my daughter, whatsoever.
What I want to know is this ... If I can't get this money back from the FTB by explaining the situation and filing their stupid form, can I sue the them, the bank and my daughter? At my age, I've had my fair share of challenges (as most of us have) but this is the final straw. I'm retired, living on social security, a couple minor health problems and too old to start over, again. I need that money. I have no way of making any extra to replenish what I lost. I need advice on what to do next. Please. I would be most grateful if someone could tell me the steps I need to take to solve this utterly ridiculous and incredibly upsetting situation. Thank you