Mirror of Justice - All about Law and More
*Home>>>Computer Law

I owe someone money that i lived with and they are holding my stuff till i pay them is that legal?


I lived with friends but had no writtin contract. And they are holding my stuff till i pay them. they also owe me money for a car and they are not willing to take it off the money i owe them. they have my computer and dvds and other stuff that i left behind. My mother picked up some of my stuff and they would let her take the computer or the other stuff till i paid them.

No, that is not legal. You might try calling the non-emergency police phone number in your area (not 911, your phone book should have a non-emergency number for the police). Tell them you have a dispute for a former roommate, and that you want to return to the residence to collect your belongings. Request an officer be present to ensure there is no conflict. Make it clear you just wan to ensure the peace and collect your stuff, and leave, and be very polite about it. They won't rush someone over, but depending on where you live, an officer should eventually come by.

If not, I would search for the small claims court in your state. Just do a Google search for like small claims court and your state. The websites will tell you exactly how to file your claim against your friends. Try to gather any receipts of proof of purchase for the items, even if they are print outs of internet orders. Always get as much information as possible to prove you own the items, and to give the items a dollar value. You'll probably have to fill out some forms, and some states even let you file online.

Hope that helps.

They can't hold your personal property till you pay; it isn't a deposit, asset, or security. A landlord for instance, can't simply take your stuff until you pay rent; they have to go through procedure to evict and even then give you 30 days to get your stuff before tossing it. However, since they refuse to release your personal belongings to you, they're responsible for their condition.

The only way they could hold on to that stuff, is if you owe them money for it (you were buying that DVD from them and never paid them for it).

I'd strongly recommend following through with small claims court.

Edit:
I want to clarify something because it seems a lot of people have this kooky idea in their head that it's legal to hold on to other people's stuff for a loan.

It's entirely illegal to do that unless it's stipulated in a contract like in a pawnshop where the property is defined as collateral for a loan. Otherwise your property doesn't have a defined value and can take up sentimental value as well.

I also forgot to mention is that whether or not you owe them money, you can call the police and have them escort you to your friends place while you pick up your stuff. Not going to help your friendship, but the police can help you out.

Maybe this is the only way that they feel like your gonna pay them is if they hold on to your stuff, pay up and pick up your things and learn from your mistake. Maybe it's not legal but can you prve thestuff is yours??, the only other way your gonna get it back is if you call the cops on them and say they won't give your stuff back and they can accompany you and maybe you can get your things back.

I strongly advise you don not borrow money from anyone again. But if you must read below.

Next time you want to borrow money write down I Patrick +(your last name), phone; address, have borrowed the sum of $-------from David Smith and will return the money within 6-8 months, if that person agrees with that then you both sign at the bottom and give him a copy and you keep a copy that way you will not have any furture problems because it's written proff with both of your signatures.

If you agreed to pay them a monthly rent to live there, then yes they can legally hold your stuff until you pay your back rent. If they have to store your stuff, they can even charge you storage fees. Basically by leaving your stuff there and walking out you have "abandoned" your belongings. Check the renters law for your state.

No not at all. A verbal agreement is not enough to hold any of your possesions. You can call the county sheriff non emergency and request an escort to go get your things back. He can sue you for his money back, but that is a lengthy process, and he has to prove a lot. But he can not hold your things.

patrick you put this in the ethics category.. do you really think you are at all justified in asking for the only guarantee they have that you will pay them what you owe?? grow up and get a grip dude..pay them.. please.. dont be a deadbeat

That's what I'd do if you skipped out owing me money, and you wouldn't get your stuff back until you paid in full. And if you waited to long someone else might own your stuff.

I Don't Think That's Legal. It's Your Stuff. Technically, That's Stealing. You Can Always Take It Up In Small Claims Court.

Yes it is legal however since they owe money you can hold some of their stuff

Every penny you spend from now until the time you have paid your debt, is picked from the pocket of those you owe.

no it is not.legal.

Tags
  Disability   Criminal Law   Collections Law   Consumer Law   Construction Law   Constitutional Law   Computer Law   Child Custody   Civil Rights Law   Business Law   Bankruptcy Law   Banking Law
Related information
  • 10 easy points!! Things with laws and maybe computer.?

    Ignorance is not considered an excuse in the eyes of the law. Besides, common sense would tell any regular person that hacking is illegal. Your main hope is that the sysop doesn't consi...

  • Police National Computer,?

    Telephone taps. Anti terrorism laws. D.N.A databases.. Recroding all interviews on film as well as tape.. CCTV In the streets.. And quite possibly a few we know nothing about yet, and almost a...

  • What do you mean by "my integrity"? and they can prove it from the computer.?

    Next time either add details to your previous question.... or link back to the original question so people know what you are talking about ...

  • What do you do, when your at work and your boss is always spying on your computer from another computer.?

    Chill out. Nothing you say here shows that he is "harassing" you. Saying that he missed you is not "harassing" you. Your boss has every right to monitor your business compu...

  • Can i get into trouble for this?

    I wouldn't do it. There are far reaching ramifications that you cant even begin to fathom that could happen as a result, and I guarantee there may be a couple that you would regret. Not to me...

  • Is the Government watching me?

    It is a legitimate question. People who live in the United states are so complacent. They forget that the holocaust victims were just like us. Germany had a constitution when Hitler was in power b...

  • Death row and computers ?

    I think they do. They get married, they type up memoirs, and they contest their convictions, all online. Some definitely do.

    ...
  • Legal info about child porn?

    I don't know. For starters, it depends on what you mean by "in trouble". For criminal prosecution: In most states, the person who the statute is designed to protect (the underage...

  •  

    Categories--Copyright/IP Policy--Contact Webmaster