Pre-emptive possession of another's property as payment for money owed.

I have a problem for the members of ths forum.

A friend has been caring for an aging veteran for approximately 12 weeks. Her chores include cleaning up his poop, shopping, cooking, house cleaning chores and putting up with his abuse 7 days per.

She has been driving his '87 Cadillac for his and her convenience.

She says he has never given her a dime of the $300 she says is due her weekly. I am about to advise her to take possession and control of his Caddy as, at least, part payment for what is due her.

Justice?
Morality?
Ethics?

 

Log in or Sign up to hide all adverts.

File a small claims action at the least. If she just takes the car it is theft. However, if she wins a small claims action the court will order payment. If it is not made the judgement can be filled against bank accounts and real property. That would involve tha Marshall's office in Ca. There are some restrictions in that some properties are exempt. Legal aide can be of some assistance.

Taking the car is a bad idea unless he signs it over.

 

Log in or Sign up to hide all adverts.

Um...why is she still there after not getting paid anyway?

I don't think she should put herself in a situation where she could be accused of stealing a car!

On the other hand, she certainly should move out if she's been live-in...and take his incontinent old butt to court.

 

Log in or Sign up to hide all adverts.

If she didn't get a written contract about the money she was to be getting per week then she wouldn't stand a chance in a small claims court. All the old man has to do is just say he never promised her anything and she's out of luck. But if she has a written contract then she could win very easily in court but taking the car on her own for non payment would not be a very smart thing to be doing, it is, as has been stated, theft.