Keeping a computer without getting money from old roommate

Question Details: My old roommate brought me a computer of his friends to work on. He skipped out on the rent payment and utillites payments and moved out and left it. Can i hold onto the computer for collateral or even sell it. Can i say that he never payed me the money he owes me, rent and everything, or do i need to say that he has not payed me for services of working on it and i am keeping it until then. I figure as a roommate i said i would do it for free now he is not a roommate so he is a client.

Asked 10/29/2009 under Criminal Defense | 135 View(s) | More Legal Topics

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Criminal Defense Law Answers

It would seem fair to hold onto his computer, but unfortunately, it's not legal--not unless he had signed something giving you a security interest in the computer for his rent, utilities, etc. If you did not have a security interest in the computer, then you may not keep it as an offset vs. what he owes you. The proper way to deal with what he owes you is to sue him if necessary; including in small claims court.  (If he offers to give you the computer in payment or compensation, that's different--then it'd be ok, but get the offer in writing.)

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