Legal Question in Business Law in California
A tenant has vacated a video store owing $5000 dollars. She left hundreds of videos which she
intends to remove. Can I withhold the videos until she pays what is due. I do not know if she has
paid for all of these videos and owns them or is renting some of them.
2 Answers from Attorneys
No, one cannot sieze property to satisfy a money debt without some kind of a security agreement, statutory lien or right-to-attach order identifying those particular items. It is rather rare that the law allows this kind of self help, and the situation described is not one of them.
I agree with Mr. Whipple. If you do not have some kind of security agreement in place, you would have to file a lawsuit for the $5,000 and try to seek attachment. You cannot simply go in and engage in self help.
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