Legal Question in Personal Injury in California

I loaned a ex-friend a couch

I loaned a ex-friend a couch. I asked for it back. She refuses to give it back until she gets something she loaned my 25 year old son back. I knew nothing at all about this. Should I get my couch back? I am I responsible for something let my son borrow?


Asked on 9/13/06, 7:35 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: I loaned a ex-friend a couch

No, if your son is legally an adult and you did not cosign for the loan at issue, this woman at issue has no legal rights or privilege to hold your couch for "ransom" per se. You should immediately have a legal demand letter sent and/or file suit against her. For timely, affordable legal assistance in this unfortunate matter, contact us today for a free phone consultation.

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Answered on 9/14/06, 6:55 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: I loaned a ex-friend a couch

I agree with Mr. Torrey. Even if you did cosign for your son's loan, your friend would not be entitled to keep the couch unless you had previously offered it as collateral for the loan. The fact that it is in her possession does not entitle her to treat it as collateral if you never agreed to such an arrangement. If there was no collateral she must sue your son and cannot just take your property because doing so is more convenient for her.

One further point: You may have a cause of action for fraud if she intended to do this when she borrowed the couch from you.

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Answered on 9/14/06, 7:13 pm


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