for ex:
I bought things for my ex-friend, loan her a lot of money and she won't pay me back, I tried to leave notice under her door, when she found out she start yelling at me, calling me names just because of the notice under her bedroom door. I wanted to seize some of her things until she pays me back.
Would that be a good Idea or would I have to let the police be aware of what I would be doing before hand
2007-07-19 05:51:12 · 11 answers · asked by avle21 2 in Politics & Government ➔ Law & Ethics
The police would arrest you because even though this person owes you money , you do not have the right or authority to seize property, your best bet is to file a civil suit against her in small claims court that is if the amount is below a certain amount, check in your state what the limit is. Do not take the law into your own hands.
2007-07-19 05:58:07 · answer #1 · answered by sirmrmagic 6 · 1⤊ 0⤋
You will be in the slammer so fast you head will be spinning , guaranteed.
Use your head and sue her in small claims court. That's what you are paying your tax dollars for. There will be a small fee of course, but at least it will keep YOU out of trouble.
You did not mention the amount, some states are $3K some $5k limits, if larger, you will have to take her to general court.
In any event don't make matters worse by trying this yourself, and the police can't do anything without a court order.
By the way have you ever watched Judge Judy? It';s loaded with this stuff.
2007-07-19 06:03:20 · answer #2 · answered by Mezmarelda 6 · 0⤊ 0⤋
I would give her some feedback on how you feel about what she has done. and here is how..... I would take into possession all things purchased with loaned money, and anything else that has questionable ownership. The saying that possestion is 9/10ths of the law holds true. It is not criminal to hold something that you believe you have right to. that is a civle matter, and police have no athority in that., and no I wouldnt advertise to the police or otherwise that you are going to do that. Why ask for difficulty?
It is much easier asking forgiveness than it is getting permission..... why teach her to rip off her friends?... it is your social responcability to teach her not to!
after reading some other answers I have to reiterate this.... If you say you own it, and she says she owns it it is a civle matter... if you say it is hers, and you took it that is a crime. so it is all in what you decide to believe.... if it was me, even though I do have strong ethics, I do not have pacients for games with people who steal from me ( or lazy court system) . I will play by the rules they set.... get that? no guilt here... THEY made the rules for this game just play by thier rules.... she stole, and you dont see any cops do you? just reverce the proccess.. say she stole the money, and didn not give it to her....or take "your" items since she "gave" them to you as repayment.
2007-07-19 06:06:53 · answer #3 · answered by Joel 3 · 0⤊ 1⤋
Oh hell yes you would be in trouble. Unless you have a contract stating the loan was secured by specific property, you can't "seize" anything. That's stealing and she would be totally right in calling the cops on you.
If you made the police aware of it before hand, they would tell you not to do it.
2007-07-19 05:55:23 · answer #4 · answered by Michael C 7 · 1⤊ 0⤋
You can’t just take her stuff (even if you paid for it). That’s illegal. You can take her to small claims court to try to get a judgment for the money. Now, do you have PROOF that she owes the money/agreed to pay it back? Because without proof, you won’t win (unless she admits to it). It would be considered a gift. You might have to just chalk this up to a lesson learned.
2007-07-19 06:04:41 · answer #5 · answered by kp 7 · 0⤊ 0⤋
You are not allowed to seize your former friend's property to secure her debt to you. I believe it is called "unlawful detainer".
You will have to take her to small claims court.
Have a Sherriff slide a summons to appear under her door, you'll be much better off.
2007-07-19 05:55:34 · answer #6 · answered by oimwoomwio 7 · 1⤊ 0⤋
Seizing her property is theft. It doesn't balance against her actions in the eyes of the law.
You would need to sue her in court (probably small claims) and have the court order seizure of her property to repay the debt.
2007-07-19 05:54:18 · answer #7 · answered by coragryph 7 · 1⤊ 1⤋
yes that is illegal. If you steal her things to get her to pay you back then YOU can be arrested. You should take her to small claims court if you have evidence that she owes you money. Do not take her things.
2007-07-19 06:50:09 · answer #8 · answered by Educated 7 · 0⤊ 0⤋
You don't have any right to seize things. You have no lien on any property of hers. Take her to small claims court.
2007-07-19 05:55:58 · answer #9 · answered by webned 6 · 1⤊ 0⤋
That is theft.
You need to file a small claims suit and have the court system demand payment.
2007-07-19 05:55:10 · answer #10 · answered by smedrik 7 · 2⤊ 0⤋