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If a person owes you money, do you have to give them their stuff back?
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If a person owes you money, do you have to give them their stuff back?

this girl was staying with me, and I loaned her some money, as well as gave her 50.00 from a coworker to pick some stuff up for him, and well...she's stayed with me for nearly 3 weeks, and has eaten my food, used my minutes on my cell phone, borrowed change, ect...and I still haven't seen not only any rent money, but not even the money that she borrowed from me, OR my coworkers 50.00. I've made her leave, and changed the locks, because she took my house key without my permission as well. So, she wants to come back tonight for her stuff. She has no established residency here, she's not on the lease, or receiving mail or anything here, so do I HAVE to give her stuff back to her? I also have a paper signed by her, stating that she owes me money. I'm afraid if I tell her she can't have her stuff, she's gonna bring the police, but if I tell the police she doesn't live here, just staying here for a little while, and show them the paper she signed, will they make me give her stuff back?
Additional Details
A verbal agreement for rent was established the first night we both agreed she'd be staying here. And she owes ME far more than she owes my co-worker. And she signed a paper herself stating her name, when she borrowed the money, how much, and that it would be repaid, and she signed it.


    




duncan
Rating
a case for judge judy if ever i heard one


Taco
Legally, NO! YOU CAN"T

IF YOU HAVE PAPER PROOF THAT YOU BORROW HER MONEY THAN MAYBE YOU MIGHT GET SOMETHING BUT ONLY IF THE COURT SAY SO

OTHERWISE, tough luck dude.


rav
Rating
Control ur emotions
ask her
for expenses


shoot.bang
Rating
Give her, her stuff and go to small claims court, If you have her address...
The police will try as much as they can to help her...


W0LF
Rating
Your money isn't different than her posessions. If you have an IOU then she has your posessions as well and you have proof of it. She hasn't signed a lease so she has no renter's rights. If she calls the cops she's no more in the right than you are. The question is, is what she left at your place of such great value that it's going to make dealing with her ever again or is it just smarter to cut your losses and learn from your mistakes.


darlene100568
By law you have to give her stuff back to her and the police will tell you that.If you want your money back then do it the mature way and go to court.It`s ok to help those in need but to let someone walk on you is wrong and you did let her walk on you.Learn from your mistake.Do everything the legal way.


someonecanbme
Rating
that is civil-not law enforcement.


st pete rn
Rating
You cannot "steal" her things for a past debt. $50, so is that worth getting prosecuted for? You offered her a place to stay, did you stipulate rent before she moved in, or were you helping a friend. If nothing was agreed to previously, you can't charge her for rent or keep her things as payback. Sorry. The person she borrowed money from (because it's not you) can file small claims, but you cannot retaliate for his debt. Be a man, let her get her personal belongings, then deal with any unresolved issues.


Lesleann
Rating
.Technically speaking, you cannot hold her possession hostage for the money owed. You have to give her the stuff back and then take her to court for the money owed. Now, if she doesn't come back for the stuff or make a reasonable effort to arrange to get them, say in 6 months, then you can reasonably assume she has "abandoned" them and you can sell them. If you continue keeping her stuff, SHE can take YOU to court and sue you


ladyqueenbeeee
you must give her a legal notice of eviction or she can sue you for an illegal lock-out.... go to your local courthouse law library and find out how much notice you must give..

no you can not keep her items.... it is called self help.... with a witness (police officer is best) have her pick-up her items.... send her a certified letter giving her a time and date to pick up her items...

go immediately to small claims court in your city and file a petition requesting relief through the courts for your money....


Angels Raising Hell
Rating
dude you know and i know she's coming with the cops. how much money did you lend he in total? by law you have to sue her and a judge will decide. but for you to take her property and hold it til she pays you is unlawful. you're not a pawn shop. they will probably make you give her the stuff back. is it really worth the headache ? chalk it up to experience and be glad that you got off cheap. don't get yourself arrested for something petty.


Stephanie F
That is some girl. Yes, you should give her stuff back, but I wouldn't let her back into your house to get it. I would deposit it outside the front door and tell her you want your money at the same time you give her stuff back to her.

I have learned my lesson the hard way too. Never fully trust everyone. I am so glad you have it in writing she owes you money. Did you have it also when it is to be paid back to you and your co-worker? I hope so. I do believe you have to give her stuff back to her even though things turned out like they did. I will be praying for you.


noobienoob2000
Rating
possession is 9 tenths of the law. With her stuff and that note you can clearly win in a small claims court.


happy1here♥
Rating
It is in your house and considered your possesion unless she has receipt to show she bought it,she will have to take you to court,don't give in and get the money owed you,don't admit to the cop all that is hers,just her clothes!Tricky cops,sometimes!


Star
Rating
GO TO COURT


mamzellle
Rating
NOOOO you don't, hold it as collateral You also have a great case for small claims court





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