Girlfriends parents taking car, do we have a case?

[jessir102]

My girlfriend is currently 18 years old. When she was young her father died and she receives $1000 in social security each month, and just recently received an IRA of $5000. When she was 17 her parents bought her a car and used $750 each month from her IRA to make the payments using a double payment method.

She told her mom last night that she is pregnant with my child. Her mother kicked her out and took the vehicle, also drained her bank account and claims that she already spent the $5000.

The question I have is this. Would we be able to take her to small claims court to pay my girlfriend back for the payments from her social security that went to the vehicle?

Also, is it possible for her to have to show proof of what she spent the $5000 on or refund it back to my girlfriend.

Thanks

 

[jharris352]

I would definitely go to small claims court over the $5000. The social security isn't hers it is for her upkeep and can be spent by the Mother in your girlfriend's minority.

 

[jessir102]

Right but if her mother spent the social security for her car as a method of upkeep, then tries to take the car away, isn't that like taking the social security back for herself?

 

[mightymoose]

Who is the car registered to?

 

[jharris352]

Money is fungible. In other words, once it hits her account it doesn't matter what is was spent on. The SS was hers to spend. She could say she used your money for food and housing and hers for your car. See?

You still have an action for the car and because of the 5k that was willed to you.