Legal Question in Civil Litigation in Illinois

abandonment law

my ex boyfriend owes me money for a cell phone bill, he has some tools and such of value that he left over at my house, can I sell them to recoop the money he owes me?


Asked on 12/28/08, 11:47 am

3 Answers from Attorneys

Motty Stone Law Offices of Motty Stone

Re: abandonment law

You can't take his tools to pay for the bill without his consent. But, if he leaves the tools there long enough, you may be able to consider them abandoned. How long has he had them there for?

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Answered on 12/28/08, 5:04 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: abandonment law

You have not provided enough facts to allow for an answer. Regardless, chances are that he doesn't know whether you can or cannot sell his things, so tell him you are going to unless he pays that bill. You may be able to bluff him into paying the bill. Also, he may actually tell you to sell them and apply it to the bill. If he does, confirm it in writing.

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Answered on 12/28/08, 8:29 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: abandonment law

No, you can not just sell personal property that belongs to someone else. You might consider filing a suit, and obtaining a judgment for the amount of money that he owes you. If the amount is small, you may be able to do this yourself in small calims court. If the amount is substantial, then it would be advisable to hire an attorney. After a judgment is obtained, there is a legal process under which you can have the sheriff seize and sell the tools. Money received over and above the costs involved will be applied against the jusgment.

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Answered on 12/28/08, 9:02 pm


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