Legal Question in Real Estate Law in California

My mother is holding some of my belongings until I pay her money she claims I owe her. Without any proof that I do actually owe her any money can she legally do this?


Asked on 10/24/09, 3:11 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably not, particularly if there is a bona fide dispute about the money owed. Generally, a person cannot take as collateral property which was not originally offered as collateral, especially in the absence of a formal security agreement between the parties. There are some exceptions, but they are unlikely to apply in a mother-daughter situation.

This is an example of "two wrongs don't make a right."

I should add that while you are legally entitled to have your things back pending a resolution of a genuine controversy over the money, things would be a bit different if there were no bona fide dispute over the money owed, because a court would probably refuse to get involved on your behalf until you paid your mother's undisputed claim.

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Answered on 10/29/09, 3:32 pm


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