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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36165
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My 16 year old was in a relationship with an 18 year old. He

Customer Question

My 16 year old was in a relationship with an 18 year old. He was incarcerated in May and his mother put a 5000.00 check into his bank account. Since he was incarcerated he told my daughter to go the jail and take his wallet and cell phone out of his possessions in the jail. Well since my daughter is under age I had to do it. So I signed the paper and we got his possessions that he wanted us to have. So with the 5000 in his bank account he then called my daughter and said to get him out of jail well his bail bond was 8000 and we had to do a cash bond and I had to do 3000 well he told my daughter to get the cash out of his bank account and his bank would only allow 500 a day well I took out 1500 dollars and then I found out that since he was already sentenced I couldn't bail him out. So we gave him an envelope with his cash in it which was 1500 and so he also told my daughter over the jail phone to go ahead and put some on his account in the jail so he can call and eat and to go ahead and buy what ever and go out to eat. Well since he has been out he has purchased a motorcycle and have gotten tattoos and my daughter and now her ex boyfriend broke up a month ago and well he was living with us and using our water and living rent free and eating our food, before that they went on a break and my daughter said that he could borrow our playstation 4 and now he has left his motorcycle which I have the keys and the title. And now they are keeping the playstation for ransom until we pay half of what my daughter spent which was about 2500 and then have us (her parents) pay 50 a week until we pay it off and If we miss 2 weeks they will take us to small claims court. If we don't sign a contract and agree to their terms (which I think is the parents terms ) they will take us to small claims court. Can they(the ex boyfiends parents) take us (the parents) to small claims court? Also can they keep the PlayStation for ransom or blackmail. What can we do? Should we do what they want, or take our chance with small claims court.
Submitted: 7 months ago.
Category: Legal
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can they(the ex boyfiends parents) take us (the parents) to small claims court?

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No, they have no legal standing here.. It was the boyfriend's money and he directed daughter to use the money. The parents have nothing to do with this legally since he is 18 and an adult.

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Also can they keep the PlayStation for ransom or blackmail. What can we do?

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No, they can't keep it. You can file a small claims court suit against whoever has the Playstation for its value or for "replevin" which is its return. They have no legal right to keep personal property owned by you as this is considered "conversion" which is the wrongful keeping of the property of another.

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However, the same thing applies to the motorcycle...you can't legally keep it from the ex-boyfriend if he wants it..

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But if you refuse to return the bike until they return the Playstation, then that might encourage them to swap items..

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thanks

Barrister