Legal Question in Civil Litigation in California

Last year I let a friend move in with me and due to her financial problems, she left me with $2000 in unpaid rent. I was able to get her to a promissory note to pay me back by Feb 2010 at which time she defaulted on the agreement. I extended the due date another month for her and she still did not pay. I gave her one last extension, and she did not pay. I have been holding her belongings as collateral on the debt, but they are not worth the $2000 she owes me. What are my options? Can I sell the items held as collateral and still file a civil suit for the balance?


Asked on 5/04/10, 6:21 am

1 Answer from Attorneys

I don't recommend selling the property unless you have an express agreement making them collateral for the debt. It gets complicated when you sell personal property for a debt, and you don't want to mess up your right to collect by getting it wrong. Just go to small claims on the debt and get a judgment, then you can collect it out of wages, property, etc. by following the judgment collection process.

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Answered on 5/11/10, 1:00 pm


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