Legal Question in Credit and Debt Law in Florida

A friend who owed me money allowed me to hold her phone as collateral until she could pay me. There was no written agreement for the debt owed to me or for holding the phone. She still has not payed me and is now saying that she wants her phone back, that she only gave me permission to use it, not to retain it pending payment. She is threatning to call the police. Am I breaking a law now and can an officer repossess the phone for her? Would I be within legal rights to sell the phone for the amount due?


Asked on 10/17/09, 7:29 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Police officers don't repossess phones, but they may hold it as evidence if the believe her claim that you stole it. It was certainly be inadvisable for you to sell the phone, and you have no legal right to sell it.

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Answered on 10/18/09, 5:27 pm


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