Legal Question in Civil Litigation in California

live-in boyfriend owes money and sells my belongings

I broke up with my boyfriend and had him move out of my rented studio apartment yesterday.

2 months ago, while I was on a trip, he sold some of my personal property from my home & my storage, approx. value: $2300. He admits that he had taken the items and sold them.

Before this occurred I had loaned him $3000 for a used car purchase & cash. It was clearly a LOAN and he does not dispute this.

He'd lived with me rent-free until 05/04 when he found work and agreed to pay partial rent and utility bills to me. End of 2004 he didn't pay for 3 months. He never disputed owing. The recent 2 months he paid again. His share of rent & bills owed to me: $2500.

He has since paid back $2250, but still owes $5550.

I have not yet involved any authorities, trying to keep it friendly, but I don't trust him to pay, now that he's gone. I do not care about his friendship; I just want my money back. I'm hoping his dad might help.

Questions: He says the payment he made is for the car. Can I say, no it�s for the stolen items; he still owes me for the car?

What is the best way for me to proceed? What are my legal rights? He says I have none since he lived with me. Should I file a police report? Does my renters insurance help in this case?


Asked on 2/21/05, 11:24 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: live-in boyfriend owes money and sells my belongings

You can bring suit against him in small claims court for up to $5,000. You could have the sheriff serve him with the court papers. When you get a judgment, you could have the sheriff attach his wages and bank account until the judgment is satisfied. Law enforcement probably will not want any part of a "civil dispute." Good luck to you.

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Answered on 2/22/05, 3:08 am


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