2007-12-19 05:36:58 · 16 answers · asked by Larry B 3 in Politics & Government ➔ Law & Ethics
Thanks for the answers
2007-12-19 07:59:14 · update #1
Nope. You can only possess another's property in lieu of payment of a debt if the person had signed a security agreement and you appropriately filed it of record.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-19 05:42:32 · answer #1 · answered by scottclear 6 · 1⤊ 0⤋
No.
Notice on the money, "This is legal tender for all debts public and private?" If he owes you money, the only legal tender for that debt is money.
However, if everyone is willing, he can sign over the stuff to you and you can give him a release of the debt. Much simpler and easier than going to court, even small claims court. If he is not willing, he gets his stuff and you have to go to court.
2007-12-19 14:01:49 · answer #2 · answered by forgivebutdonotforget911 6 · 1⤊ 0⤋
Nope, that is theft. You can have an eviction notice drafted and served to him (I'd suggest using a law office to draft this). Then you and your roommate can take him to small claims court to get the money owed.
2007-12-19 13:43:44 · answer #3 · answered by Colonel 6 · 0⤊ 0⤋
If your roommate agrees to the barter agreement...then it's OK...but I'd get the trade in writing!
To recover monies owed...you'd have to file a small claims case in civil court!
2007-12-19 13:55:24 · answer #4 · answered by KC V ™ 7 · 2⤊ 0⤋
Nope. That's conversion, and it's illegal.
You can come to agreement with him where by he agrees to give you the TV and PS3 as payment of the debt and you agree to accept - but you cannot just keep it.
2007-12-19 13:46:45 · answer #5 · answered by Susie D 6 · 0⤊ 0⤋
No. And to add on to what Barry C said... if this does happen, when you and your roommate separate, you'll then need to decide who gets the TV and who gets the PS3.
2007-12-19 13:45:18 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You will have to go to small claims court to do it legally. That means proving he owes the money.
2007-12-19 13:40:15 · answer #7 · answered by Huba 6 · 0⤊ 0⤋
NO, that's theft, you can under certain conditions, sue in smalls claims court for the amount owed
2007-12-19 13:45:31 · answer #8 · answered by Jan Luv 7 · 0⤊ 0⤋
No. You can go to court, get a judgment, then put a lien against the equipment.
2007-12-19 13:51:05 · answer #9 · answered by ssmesq 5 · 0⤊ 0⤋
No, that's theft unless you made a signed agreement that that would be the consequence of him not paying you back in full.
2007-12-19 13:40:27 · answer #10 · answered by RedMistPete 4 · 0⤊ 0⤋