Legal Question in Real Estate Law in California
Personal property
My mother died Febuary 22, 2008, she gave me, the titles of her 1993 Dodge Van, and 1998 Tahho Traval Travel trailer which she did sign the them over to me before she died, and I got them in my name before she died. My problem is, the place where she was living, her step-daughter,(my step-sister) will not let me have them, I need to know how I can leglally get them off of the property, she is home during the day, she does work nights, but the gates are locked, and have no trespasing signs on them and she does not answer her cell phone. I have gone to the local law enforcement and can't seem to help me, they told me to go to civil court but they don't know what form to fill out there. I am running out of time, and her boyfriend is driving the Van and I have no insurance on it. I hope you can help me.
3 Answers from Attorneys
Re: Personal property
The law frowns on self-help recovery of property, especially under conditions where a fracas might erupt.
Your two main legal remedies would be to sue for (1) "replevin," also known as "recovery of possession" or "claim and delivery" if what you want is the property itself. See Civil Code sections 3379 and 3380, and Code of Civil Procedure sections 511 and 512 (and their subsections). Or (2), if you would prefer to have the money instead of the vehicles, you can sue for conversion, which is the civil version of the criminal offense of theft in many respects.
If I were you, and guessing at the dollar value of the items, I'd consider going for conversion and bringing the suit in Small Claims, where it would go a lot faster and cost you a lot less - the maximum award is $7,500 plus costs these days.
Get a book on California Small Claims procedures and review how to file and try your case and how to collect your judgment.
Re: Personal property
You need to have a letter sent ASAP. The letter needs to state they do not have your permission to drive or operate the vehicle. This will likely protect you in the event they get into a wreck.
The letter should also demand return of the vehicle and trailer and threaten legal action.
The letter, if drafted by a lawyer, could resolve the situation. If not, you will likely need to sue for return of the vehicle and trailer. You could also sue for damages, such as the reasonable rental value of the vehicle and trailer. Alternatively, you may be able to sue for the total value of the vehicle and trailer in lieu of seeking their return. Of course, your step-sister will need to have money or assets if you plan to collect on any judgment against her. Does she have any money or assets? Does she own the real estate?
Let me know if you need help drafting the letter. If you draft it, your step-sister may not take it seriously. We have handled situations like this in past. Feel free to email or call.
Re: Personal property
Sue for conversion or replevin. Or, if they are in your name, report the vehicles stolen to the police and tell the police where these stolen vehicles can be found.
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