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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17080
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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My brother and mom had a falling out over my brother failing

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My brother and mom had a falling out over my brother failing to pay his portion of joint cell phone bill. So my mother retained possession of a firearm that he was storing at her home and she is saying she's accepting it as collateral until his debt is paid. My question is can she just assume his firearm as collateral without his consent? And does she have the right to sale it if she cannot recoup the debt from him? The firearm was purchased by brother from my now deceased grandfather. I do not believe the registration has been transferred from my grandfather's name. Therefore does this imply it is not registered? Does this void any legal right my brother has to the gun if proof of purchase is unavailable?

What have you tried so far?: I tried to talk her into releasing it so he will pay since he returned her personal property he had. But she is refusing to budge on the premise once he receives his firearm she'll never be paid.

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

She cannot take the firearm as collateral, that would be theft,

WALLSTREETLAW :

unless they had some written agreement, or she was the titled or registered owner,

WALLSTREETLAW :

this is a contract matter, and she would have to bring a civil suit in court for the unpaid bill

WALLSTREETLAW :

The fact it was given to him by his grandfather, makes him the owner,

WALLSTREETLAW :

if the firearm is not registered, it would not give her any further rights,

WALLSTREETLAW :

unless she is the registered owner.

Customer:

so she is not able to sell it either to recoup her financial loss from his lack of payment?

WALLSTREETLAW :

yes, she has no legal right to do this,

Customer:

Thank you very much that has been an incredible help!

WALLSTREETLAW :

it would be as if a credit card company took personal property without a judgment and sold it to pay a debt,

WALLSTREETLAW :

This would be against the law, she should file a civil suit in small claims court and obtain a judgment,

WALLSTREETLAW :

If you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied please provide us with positive feedback.

WALLSTREETLAW :

Thank you

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