I have a room mate that has left her stuff here and hasn't come back for her things. She owes me 1000 dollars and have tried to reach her but cannot get a hold of her.Can I sell her stuff on e bay? and how long do i or should I hold her stuff legally. I really want to screw her over but I don't want any legal action against me.
2007-03-26 06:42:15 · 17 answers · asked by emilybelle 2 in Politics & Government ➔ Law & Ethics
No ma'am you cannot. You can be sued by her if you do, unless she specifically stated use all of her stuff for collateral to her rent in written contract with a ending period for her to pay. That is not your property and cannot be held by you as incentive for her to pay your rent. You can, however, take her to small claims court if she has a singed contract with you and mostly likely win your money plus court fees. I've been in the same situation.. it sucks :/
Also, you can indeed charge her storage rent but within reason.
2007-03-26 07:01:37 · answer #1 · answered by NoFXer 2 · 0⤊ 0⤋
This happens on those court shows all the time. First question, Do you have her debt documented with a contract or promisary note? If you do then great, if you don't you might be in trouble. as far as her stuff, you can hold it until she pays you, or I think, but don't quote me on this you can sell her stuff after a year... You might want to check with your state's specific laws. because if you sell the stuff and can't prove she owes you the money then she will have cause to sue you.
In stead of selling her stuff, talk to a lawyer and sue her, if you give them the info you have and they will serve her with an order to appear in court, If she fails to do so she admits guilt, and will be forced to pay you back, they can also put a clause in there that if she doesn't pay back in the time alloted that you can sell her stuff and then you've covered your butt.
Good Luck
2007-03-26 13:54:46 · answer #2 · answered by nemsethcszardescu 3 · 1⤊ 0⤋
Legally, she owes you $1000 based upon a written contract she signed.
Either way it goes, it would require a lawsuit. The lawyer would get paid more than the amout owed or the amount of her stuff sold online.
I'd sell it or donate it to Goodwill and use it as a tax deduction.
2007-03-26 13:47:32 · answer #3 · answered by Josh 3 · 0⤊ 0⤋
You need to make an attempt to notify her before you can sell her things. Put an ad in the local paper under public announcements stating you are attempting to locate her prior to getting rid of her things. If you were a landlord or if she was on the lease I think you have to keep things for at least six months. Don't get rid of stuff just to "screw her over". Remember- the only thing worse than one a**hole is two.
2007-03-26 13:48:19 · answer #4 · answered by Rosebudd 5 · 0⤊ 0⤋
Take her to small claims court, file an additional surcharge of rent or storage for the amount of time you have been keeping her stuff.. Hang onto it. Do not sell it. She could screw you in the end.
Small claims court is a nominal fee usually about $35.00. You don't need to consult a lawyer, however if there is a free legal service in your area it wouldn't hurt to speak to them for advice.
2007-03-26 13:56:24 · answer #5 · answered by smedrik 7 · 0⤊ 0⤋
I believe you have to keep the possessions for like 90 days in a safe secure manner. Then I would sell them to get the money she owes, but ask a lawyer or a magistrate.
2007-03-26 13:51:45 · answer #6 · answered by luminous 7 · 0⤊ 0⤋
Just sell her stuff, get as much money from it as possible, and if she comes looking for her things just tell her you sold all of it for the money she owed you, and you thought that she had left all her stuff there for that very reason.
if her stuff doesnt cover the bill,then give her the remaining balance and tell her to kick rocks till she has the rest of the money.
2007-03-26 14:09:31 · answer #7 · answered by badseed 2 · 0⤊ 0⤋
As long as you have proper documentation that she owes you money, hell yeah, pawn her damn stuff. Unfortunately, I think you can only sell what is necessary to get the money she owes you. On the other hand, what can she really do to you? She can take you to small claims court for the difference. That's it. Pawn away my friend...
2007-03-26 13:49:17 · answer #8 · answered by vt500ascott 3 · 0⤊ 0⤋
why dont u bring her to marie lopez's court for small claims, see it on tv all the time if you have enough proof of the amount she owes you, but there are chances you may lose, i guess you can claim her stuff and sell them after certain days or keep them as collertal, good luck!
2007-03-26 13:59:56 · answer #9 · answered by Steven W 3 · 0⤊ 0⤋
Send a certified letter to her last known address. State she has 7 business days to claim her items. If no response in 7 business days, sell it. You gave her a chance to claim it.
2007-03-26 14:31:57 · answer #10 · answered by Spring loaded horsie 5 · 0⤊ 0⤋