Legal Question in Real Estate Law in California
leagal question
I lent 10,000 dollars to a family member.In return they gave me a living room set as collateral. They faild to pay me back,and never contacted me for over a year.Now they had the police come to my home and tell me I had to return the set.Is this right?
1 Answer from Attorneys
Re: leagal question
I'm surprised the police would get involved in a civil matter. If this went to court, the family member would sue you for recovery of possession of personal property, sometimes called "replevin" or "claim and delivery," and you would cross-complain for breach of the contract to repay $10,000. Or vice-versa. The police are not in a position to decide who has the right to possess personal property (unless, of course, they have witnessed its theft). You might consider complaining to the police department's citizen complaint officer or ombudsman.
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