I do not want to go into detail but there have been a lot of family issues in the last few years (see my last questions) and meanwhile I moved to my dad.
Not only did my grandmother throw away a good 30-40% of my stuff (clothes and bedding and bacterial cultures that were very expensive), now she keeps my accounts (a savings account, locked until my 18th of July and a "normal" account she has been paying off excess money for years so she will have some government grants and she does not have "too much" money in her own account because then those grants would be blocked (I know is cheating).
When I asked for my accounts, it was said that these would be in the name of my grandmother AND me, which is why she allegedly had the full rights… This is new to me, but I know for a fact that my name is on the accounts!
The problem is my dad has also regularly paid into this account and it should now be over 1000 euro on it, since that was created when I was 5-7 vll.
Can I claim my accounts?! This is very important, as it will most likely cover your accounts as soon as I'm 18 years old and certainly will not hand me over.
(If you do not believe it, you know, when I left I had to write an outline and an outline within two days of the W-seminar and these two grades made up my final mark of the semester 🤦♂️
In short, she did not hand me the laptop for days and when I said it was my property (not possession!), She said, well and good, but who can force me to give it to you - you? Certainly not you "little nipple" and laughed sneering at my face)
A reference to the legal situation would be helpful and I can regulate this without additional court order, after all, this is not legal…
You have to make sure your grandmother does not do banking business on your behalf. Overdrawing the account (possible if you are 18 years old) means that you are being held in debt to your name.
Creating an account in the name of a minor in order to do business with it is unlawful. Guardians may not do this, they violate their obligations under the Civil Code to wealth. In addition, this violates the general terms and conditions of the banks. Because then you must not lead an account under a foreign name.
You go with your guardian to the bank and clarify whether an account exists in your name. Then you can close the account or deprive the grandmother of the power of disposal. Once you are 18, you can do it alone on the bench.
If your parents do not support you, you can make an appointment at the youth welfare office. They will then assist you and help with the matter.
Go to the bank and ask who your account is running.
That's one thing that you can clear yourself without any problems.
Since the legislation was tightened a few years ago, the account holder must be clear. If it is your account and the grandmother only has power of disposal, then delete her power immediately.
The general point is, of course, you can play their power game and let it arrive forever.
I would choose the end with horror.
Clarify the account
Block them if possible
Inform the relevant authority that the grants have been unduly paid
What she thinks of the legal situation, she has already given you to clearly understand. Even with a court order to surrender, you'll probably have to send the bailiff, if you ever get it, and you'll probably have to send the bailiff for the bailiff's costs as well.
Thanks for the answer, see revealing and very helpful for me ^^
And one more thing, my dad does not have custody since my grandmother imagined she had to prevent my mother's kids (have a half-sister, other dad) ever seeing her father and since they were never married, my dad just has visiting rights and since recently a "declaration of the exercise of the peoples' care" that is sufficient so that I can then specify him as the rightful for my account?
Not only that my grandmother threw away a good 30-40% of my stuff (clothes and bedding and bacterial cultures that were very expensive)
I'm assuming that your grandmother does not have custody of you. Then that's not allowed (and even if it's not automatically allowed). Depending on how she came to the things, it could be theft, or even embezzlement.
now she keeps my accounts
An account is not a physical thing that you can "keep" in this way. It exists only in the database of the bank.
Excess money has been paid for years so that she will have some state subsidies and she does not have "too much" money in her own account because then those grants would be blocked (I know is cheating).
Not necessarily. She may also give you money gifts when she receives government grants.
When I demanded my accounts
From the grandmother you can't claim "your account". This is conducted at the bank.
It was said that these would run in the name of my grandmother AND me, which is why she allegedly had all the rights to it
That's true. If it's a community account, then every owner has access to the entire deposit. So you would have access to the complete deposit as well as you.
The problem is my dad has also regularly paid into this account
Then we hope for your grandmother times that these donations your dad to her by her were also correctly stated in the determination of state subsidies.
Can I claim my accounts?!
You already own the account (though not alone). You can "claim" the money in the account, but not with your grandmother, but with the bank. If the account is in your name, then we owe it to the bank, not your grandmother.
This is very important, as it will most likely cover your accounts as soon as I'm 18 years old and certainly will not hand me over.
If it's actually a community account, then you can have it converted from an "and account" to an "or account" at the bank as well. Any disposition of an authorized person must then be confirmed by a second authorized representative to the bank. Your grandmother could only make payments and withdrawals if you agree (and the other way you can only make payments and withdrawals if she agrees).
In short, she did not hand me the laptop for days and when I said it was my property (not possession!), She said, well and good, but who can force me to give it to you - you?
If, despite legal action, she refuses to surrender it, then the bailiff would eventually force her to do so, if necessary by force with the help of the police.
A reference to the legal situation would be helpful and I can regulate this without additional court order, after all, this is not legal
The monopoly on violence is up to the state. Without a court order, the bailiff will not force the device out. But maybe she will see if a letter from a lawyer arrives with a legal action. Then it would not have to come to the lament.
Concerning. The account I do not see that she did anything wrong. If it's a community account that belongs to both of them, then they can freely dispose of the money in the account.
There's no "legal" for an account.
There are account holders. The money belongs to the account.
And there are entitled persons who can make transactions.
If you create an account "for a child", then the child becomes the account holder, but the legal guardians are registered as entitled, otherwise the guardians have no influence.
However, if the child is of legal age, it may throw out all entitled persons without further consent.
Is your father a foreigner? If he has no custody of you, he can't give any declarations of will for you. How did he set up an account for you?
As you say, you probably did not understand everything, so my grandmother denies me access to my accounts and can the money that she has transferred to my account then pay back, I get absolutely nothing from this, so that is ergo scam, like I have not had access to any of my accounts for at least a year.
And there are no joint accounts, they have registered only as a legal representative, so much I know now.
But throwing away my belongings is also not allowed if she had custody as it is property damage.
As I said no community account so it is not legitimate what it does
As I said, unfortunately, my mother has the right to be educated, the problem with her is that she is so afraid of my grandmother (my GM has beaten her several times) that she is afraid to offer her something.
No, my dad is not a foreigner, he could do that because he got the permission of a guardian
So my grandmother denies me access to my accounts
Your grandmother can't deny you access to your accounts. That's like saying your grandmother refuses you entry to Australia. Contact is not your grandmother, but Australia, or just in your case, the bank.
and can the money that she has transferred to my account then pay off again
If she has no power of attorney for your account, then the bank is liable to pay compensation to you.
So that's ergo scam
If you do not have a power of attorney yes, then yes. However, you are not cheated, but the bank, because this is apparently played by your grandmother, that she had a right to dispose of the money. If she does not, she's cheating on the bank, not you, because she's only deceiving the bank, not you.
as I said I have not had access to any of my accounts for at least a year.
Why do not you have access? You can go to the bank, present your ID and have the money in your account. Only the ID card is needed, nothing else. If you mean that you have no girocard and no access to online banking then you can apply for it locally. The contact person is the bank, not your grandmother. If you want to have higher sums, it may be necessary for a guardian to accompany you and give your consent, but that's about all.
And there are no joint accounts, they have registered only as a legal representative, so much I know now.
I continue to assume that your grandmother is not your legal representative, because it is unusual and you have not contradicted me as synonymous with my first answer. Then the bank is also liable for damages here, because your grandmother can't simply register with your accounts as a legal representative. A power of attorney for your account for them could also be made only with the consent of one of your guardians. However, the powers of attorney can also be deleted, then they will no longer have access.
But throwing away my belongings is also not allowed if she had custody as it is property damage.
If nothing has been damaged, then it is not damaged. It could be theft (if it took it away from you) or embezzlement (if it was voluntarily given to her and she does not give it back on request). Incidentally, "damage to property" is in most cases not an offense. Of course, you can claim damages if she does not give you back her things in the condition she took them from you.
How old are you?
Well, I know the "Declaration on the exercise of personal care" only if a foreign, not custodial parent with the domestic child does anything.
Is the grandmother currently the only legal representative / guardian?
No, she is not… When I was about 2-3, she asked my mother to hand her over to me because she said I could not handle her
16
Who then has custody of you? Your mother? Where is the?
OK. At 16 you have the right to have your opinion heard on all matters concerning your "welfare", and the guardians must seek with you "as much agreement as possible". §1626 paragraph 2 BGB https://www.gesetze-im-internet.de/..._1626.html
You can also go to the bank yourself to find out which accounts are in your name and who has power over these accounts. Just go to the bank and talk to the responsible clerk. You do not need a parent or guardian. You can also sign contracts, eg. Deprive the grandmother of the power of disposition over the account. (The contract is then "pending ineffective.") The contract becomes valid if your guardians sign it. This means you simply take the form home with you and let your guardians sign it. Maybe you can get a mom to sign it in a good moment.
Otherwise, you have a great ally: the youth welfare office. If your parents refuse to deprive Grandma of the right to dispose of the account, then the Youth Welfare Office will help you. Make a consultation there and explain the situation to them. (The Youth Welfare Office must ensure that "welfare" is exercised exclusively in the interest of the child.)
Anyway, on your 18th birthday, you can handle everything alone. You can finish the bank and there the power of disposal of the grandma.
Thank you very much helped me
