Legal Question in Credit and Debt Law in California
outstanding loan
Person owes me 3,750.00. Personal loan, verbal agreement only. Said person is now refusing to pay back the loan. I am in possession of this person's ski equiptment, as I was storing it for him/her. Can I hold this equiptment as collateral against the loan?
1 Answer from Attorneys
Re: outstanding loan
Technically, no, unless that was part of the agreement you had. I would suggest that the better approach, if they have refused to pay you, is to take them to small claims court, get a judgment, then as a part of enforcing the judgment, you may levy against the ski equipment and sell it to attempt to satisfy the judgment. If, however, he demands return of the ski equipment, technically you will have to return it, though as a practical matter, I can't imagine the borrower would have the nerve to insist on giving it back.
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