Legal Question in Civil Rights Law in Idaho

They want stuff, We want money, Verbal contract

We had a roommate who owes $250 in back rent, and owes one roommate $500 to reimburse her for all of what he has barrowed from her for about six months to about a year. He left one day and did not come back for about six weeks, leaving all of his stuff here. For this trip he barrowed one roommate's backpack and still has possesion of it. When we finally got ahold of the missing roommate he claims to have broken his probation, gotten in a car wreck, and then put into jail. We came to and agreement where he would get some of his stuff and we would get some of our money. We left the house for about 20 minutes and came back and his stuff was gone, with no note or money. We heard from his father that his wife came by that day with the police and picked up the stuff set out for him. No body was home. Is this breaking and entering when no body is at the residence, can they do that with the police with them leaving no proof they were here, and do we have rights to hold the rest of his stuff until we get financially reimburesed?


Asked on 7/25/03, 3:58 am

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: They want stuff, We want money, Verbal contract

No, you don't have the right to withhold his stuff. There are legal rules governing the right to "self-help." Now, that being said, practically speaking, you probably aren't ever going to get your money. This guy has a history with you of abusing your good will. Take him to small claims court and get a judgment, but don't expect to get much from him.

The law is the law, but sometimes, it's better to walk away and be glad you didn't lose more. Take it to small claims court while you have his stuff, and ask the judge for the right to hold onto his stuff and sell whatever has value.

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Answered on 7/25/03, 8:06 am


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