Legal Question in Entertainment Law in California
How worried should I be regarding a letter I received from an attorney
I just received a non-certified letter from a probate attorney insinuating that my business is selling non-specified items on our website etc that they claim belong to the Estate they represent and that our website must cease and desist selling these items and turn over these items to them or legal action will ensue.
I intend to retain an attorney for my side of the argument, but how worried should I be when there is no specific item (s) listed that are in question. It is a general accusation of 'photos, tapes and other materials' they say belong to the Estate and I have proof to the contrary by way of legal agreements, photographic negatives, accounting of funds spent to preserve and maintain these belongings of mine as well as witnesses to back up the decedent gifted me with these items prior to his death. Wouldn't I have to be more worried if the letter came with a complaint attached? Again, I plan to retain an attorney, but I wonder just how much weight to give something so non-specific and sent to me regular mail?
4 Answers from Attorneys
Re: How worried should I be regarding a letter I received from an attorney
Don't rush right out and hire an attorney. Contact the attorney and ask for specifics, what are they referring to, because you don't believe you are violating anyones rights. You will then have a better idea of what it is you are faced with, then call an attorney.
Re: How worried should I be regarding a letter I received from an attorney
Anybody can get an attorney to write a letter. The ultimate question is, do the items belong to you or not. If you have any doubt you should get real legal advice. You could also go to court to get "declaratory relief" in the form of a ruling from a judge that the items are yours.
Re: How worried should I be regarding a letter I received from an attorney
Depends on the specifics. What are you selling? What did they say exactly? You sound concerned anyway. You need to hire someone ASAP. You may contact me.
Re: How worried should I be regarding a letter I received from an attorney
You should be worried.
You have been given a warning. The other side has an attorney. The next step is they will sue you if youd don't stop. Get an attorney to advise you if you have done anything that you can be sued about and follow his advice.
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