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Loren, Attorney
Category: Legal
Satisfied Customers: 33547
Experience:  30 years experience representing clients.
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I have a friend that loaned $10,000 to s girlfriend with the

Customer Question

I have a friend that loaned $10,000 to his girlfriend with the verbal agreement to be paid back in return. He has possession of her horse, horse trailer, and 5th wheel camper. They are no longer together and did not communicate for several months. In the meantime he has cared for the horse, and stored safely her other belongings. Now she has contacted him asking for her belongings with no attempt to repay the money loaned or for the care of the horse. Now she is threatening to call the sheriff's department to obtain her said property. My question is does he have a legal right to the belongings?
Thank you,
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and i look forward to answering your question. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, yes, he is required to allow her to take her property.

In the absence of a written agreement pledging the personal property as collateral, he has no legal right to connect its return to the repayment of loan.

Your friend can sue her in small claims court for repayment of the loan. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

He would need to sue her for repayment.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.