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Q: How to retrieve personal documents withheld by mother in TN?

I am trying to obtain my Social Security card, birth certificate, and bonds from my grandparents that are being withheld by my mother. She is currently in and out of rehab and is refusing to give them to me despite my attempts to negotiate. I am also concerned that she might misuse my Social Security information. What steps should I take to retrieve these documents legally?

2 Lawyer Answers
Anthony M. Avery
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A: If you really wish to sue Mother, file an Action To Recover Personal Property in the General Sessions Court of the County in which she resides.

James L. Arrasmith
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A: It's frustrating when someone withholds important personal documents, especially when there’s a concern about misuse. The first step is to try to resolve the issue calmly, but it sounds like previous attempts haven't been successful. If your mother refuses to give you the documents despite your repeated requests, you may need to take legal action to retrieve them. You can start by sending a formal written request to her, outlining the documents you're asking for and explaining that you need them for your own security and peace of mind.

If she continues to withhold the documents, you may want to contact an attorney to understand your legal options. In some cases, if you're over 18, you may be able to file a claim in small claims court or ask for an order of retrieval to get your documents back. Additionally, if you believe your Social Security information is at risk of misuse, you can contact the Social Security Administration to notify them of the potential for identity theft and request a new card if necessary.

In extreme cases where you’re worried about immediate misuse or if the situation escalates, you might consider involving law enforcement, especially if there's a risk of fraud or identity theft. Taking these steps can help protect your rights and ensure that you have the necessary documents for your own security.

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