QUESTION

Can personal property be held as collateral if money is owed?

Asked on Jul 05th, 2017 on Civil Litigation - California
More details to this question:
Live in CA. Person owes me over $4500, this was lent with the intent that they would pay me back. I have it in writing they will pay me back. However, less than 24 hours of receiving the money, they left, disconnect their phone number and basically vanished. In their haste to flee, they left a box behind at my house. It's a box of personal paperwork. Now they are asking that I ship it to them to a friend's address. Can I legally hold the box as collateral until I'm paid ?
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
Since you don't yet have a judgment, you can't keep their property (you might be able to keep abandoned property, but from your email it doesn't appear that the property was abandoned in the legal sense) unless you have a court order or contract allowing you to do so (e.g. a mortgage) or the situation falls within a narrow range of statutory liens which are permitted when someone has performed services to improve or repair the property in question (e.g. a mechanic's lien) which doesn't seem to fit your situation.  While you claim that the other party owes you money, the other side may claim otherwise, and a court will have to determine the issue before you can lawfully take action against the debtor's assets to collect the debt. However, now that you have an address, you should probably take the opportunity to file a lawsuit and serve them with a summons and complaint.  If you wait until after you return the box, they may disappear again.
Answered on Jul 05th, 2017 at 2:02 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters