I was served with a TRO to stop me from selling a vehicle that my father transferred title to me before his passing.

Asked about 2 years ago - Santa Barbara, CA

Now my step mother is saying that I committed perjury/fraud/burglary/theft. There is a court hearing for an OSC for an Injunction and a complaint for trespass and conversion. Her allegations are completely false. I have 7+ witnesses to the fact but no lawyer. I have no interest in selling the vehicle as it is a greater value to me as a tangible asset. I need help.

Attorney answers (3)

  1. Kevin Arnold Spainhour

    Pro

    Contributor Level 15

    Answered . You really need to sit down with a lawyer and get an opinion as to how to handle this lawsuit. Without reading the application for the TRO and OSC and the underlying complaint, a lawyer can't really help online. Many firms, like mine, will give you a free consultation. You should search for a Civil Litigation lawyer in your area. Don't forget to look for free consultations. If you can't find someone in your area, the look for legal aid. I did a quick google search and found the legal aid society of Santa Barbara. I bet they will help guide you in the right direction. I am adding their link to this response.

    Kevin A. Spainhour, Esq. Spainhour Law Group www.slglawyer.com.
  2. Peter Walter Weston

    Pro

    Contributor Level 17

    Answered . A TRO indicates there is a serious claim being made, which will require immediate attention to prepare for the injunction hearing.

    You need assistance from an attorney experienced in litigation and probate. To present your side, will require addressing these allegations.

    If you do not already know an attorney, you may seek assistance from a local attorney, by searching this site at the tab above Find a Lawyer, by searching for board certified attorneys, by Martindale-Hubbell, which also evaluates attorneys, and from other sources.

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is... more
  3. Ronald Lee Bell

    Pro

    Contributor Level 14

    Answered . You need an attorney. Under certain circumstances you may be entitled to a reimbusementvfor attorney fees if taro is dissolved. Theclawcis clear a gift given with donative intent is absolute. All you have to prove is the donative intent by documents and witnesses. They would then have to prove undue influence or no capacity to make a gift. Get an attorney as quickly as you were served

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