Fill and Sign the Motion for Temporary Restraining Order and Preliminary Injunction to Prevent Vehicle Loss Form

- 1 - IN THE ____________ COURT OF_________ COUNTY, ____________ NAME OF PLAINTIFF ) ) ) V. ) NO. ) ) NAME OF DEFENDANT ) ) MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION COMES NOW Plaintiff _____________________ (hereinafter "_____________________"), and moves the Court for a Temporary Restraining Order and Preliminary Injunction and in support thereof states as follows: 1. On ______________, 20______, _____________________ filed its Complaint in this cause seeking a judgment against Defendant _____________________ for breach of contract, fraud and conversion arising out of Defendant's attempt to purchase a ______________ _________________ from Plaintiff by using a check on a non-existent account. See Affidavit of _____________________ attached to the Complaint as Exhibit "C". The allegations of the Complaint are incorporated herein by reference. 2. After obtaining the __________________ from _____________________ by utilizing the check on the non-existent account, _____________________ furthered her scheme of defrauding Plaintiff by insisting to Plaintiff's employees that she had purchased a certified check to pay for the Mini-Van, but that the check and Mini-Van had been driven to __________ by her husband where he would be working offshore until _____________, 20____. See Affidavit of _____________________ attached to the Complaint as Exhibit "D". 3. Despite her repeated statements that her husband had the Mini-Van in _______, on ___________, ___________, 20____, Defendant _____________________ had the vehicle appraised by _____________________ in _____________, ___________. On ___________, ______________, Defendant _____________________ sold the Van to _____________________ for $00.00 and immediately endorsed the check back to _____________________ as full prepayment on a ___________ (______) month lease on a _________. Both the sale of the ________ and the purchase of the __________ were without the knowledge or consent of Plaintiff. 4. Defendant _____________________ utilized the aforesaid scheme with the purpose and intent of frustrating any judgment on the merits which _____________________ could obtain by making said judgment uncollectible. Due to Defendant's fraud, Plaintiff _____________________ is asking the court to declare a constructive trust with _____________________ owning the beneficial interest. 5. Unless a Temporary Restraining Order and subsequent Preliminary Injunction is issued, _____________________ will suffer irreparable harm for which there is no adequate remedy at law. _____________________'s remedy at law is inadequate because, Defendant _____________________'s past wrongful and fraudulent actions of utilizing _____________________'s asset to pay for the lease of the _________ indicates that Defendant desires to frustrate payment of her debt. As with all rolling stock, the Ford Explorer will depreciate in direct relation to the number of miles that it is driven as well as the other wear and tear on the vehicle. 6. _____________________ further asserts that a Temporary Restraining Order and Preliminary Injunction should be issued for the reasons set forth above and for the following - 2 - additional reasons: (a) There is a substantial likelihood that _____________________ will prevail on the merits of its claim against Defendant _____________________; (b) The granting of the Temporary Restraining Order and the Preliminary Injunction will not disserve the public interest; (c) There is a substantial threat that _____________________ will suffer irreparable harm if the Temporary Restraining Order and Preliminary Injunction is not issued; and (d) The threatened injury to _____________________ outweighs the threatened harm the Temporary Restraining Order and/or Preliminary Injunction may do to Defendant. 7. _____________________ further requests that the Temporary Restraining Order be granted without notice because Defendant's actions have indicated that she may take additional steps to frustrate _____________________'s judgment and/or make it uncollectible by hiding or otherwise destroying the vehicle, damaging the vehicle or having a lien placed on the vehicle. 8. A Temporary Restraining Order and Preliminary Injunction should issue against Defendant, requiring her to release the _______ _________ ___________, Vehicle Identification Number _____________________, to the possession of the ___________ County Sheriff's Department which will safeguard said vehicle pending a determination at the trial on the merits of _____________________'s claim against Defendant, or until further order of this Court. 9. In addition to the Temporary Restraining Order and/or Preliminary Injunction, this Court should impose a constructive trust based on the use by the Defendant _____________________ of a scheme or artifice to defraud resulting in the Defendant's possession of property and/or a property interest which justly and fairly belongs to _____________________. 10. The imposition of a constructive trust will prevent any further unjust enrichment to the Defendant _____________________ at the expense of _____________________. 11. Based on the facts stated above and the Complaint filed herein, the imposition of the constructive trust should be from and after __________, 20___, and the Defendant _____________________ should be appointed and declared trustee by this Court for the period of time from and after __________, 20____, until such time as this Court appoints an independent trustee and delivery of the property is completed to the independent trustee. As trustee, Defendant _____________________ should be made to account for all proceeds, property, loss and/or damage and/or depreciation to the property from the time period beginning ___________, 20_____, up and through the time that this Court appoints an independent trustee in the vehicle and/or other property is delivered to that trustee. 12. Said Temporary Restraining Order and/or injunction prayed for, together with the imposition of the constructive trust to insure the safekeeping of the vehicle will not damage Defendant or lead to any undue prejudice to the Defendant, and accordingly any bond or other security required by this Court should be minimal. WHEREFORE, PREMISES CONSIDERED, Plaintiff _____________________ prays for the following relief: (a) That this Court issue a Temporary Restraining Order without notice directing the ______________ County Sheriffs Department to take immediate possession of the ________ ____________, Vehicle Identification Number _____________________ and shall safeguard said vehicle pending a determination at the trial on the merits of _____________________'s claim against Defendant, or until further order of this Court; (b) That this Court set a hearing at the earliest possible opportunity on Plaintiff’s Motion for a Preliminary Injunction; - 3 - (c) That this Court impose a constructive trust over the Mini-Van, proceeds from the sell thereof, and/or _____________, with the Defendant accountable as trustee from and after ____________, _________, until such time as this Honorable Court appoints an independent trustee and the independent trustee takes possession of the vehicle or other property; and (d) That said Temporary Restraining Order and Preliminary Injunction be ordered with minimal bond or security. DATED, this the __ day of __________, 20____. RESPECTFULLY SUBMITTED, ___________________________________ ATTORNEYS FOR __________________ OF COUNSEL: ____________________________________