[julie0904]

I sold furniture to my former roommate for $2500. I allowed her to "make payments" on the furniture. She made the first few payments, but then, defaulted. She has had the furniture for over 10 months, and has paid $1000 total. (It was supposed to be paid in full in 3 months.)

I told her that I wanted the property back, because I was tired of her excuses. She told me that if I returned the $1000 to her, I could have it. I refuse to give her any money, because she used the furniture for almost a year. I tried to compromise, and told her that I would allow her to keep a portion of the furniture and take back "$1500 worth." She stated that she would notify me when she got a job, and when she could make payments of $50 a week--like I have no say in the matter. She also stated she would call the police if I came by to pick up my furniture.

Please advise me of my rights to this property. I have numerous email communications about the transactions (or lackthereof), and her flat out stating that she had defaulted. Thanks in advance.

[excon]

Please advise me of my rights to this property.

Hello julie:

You SOLD the property, so you have NO rights to it. You DO, however, have the right to get your money, so I'd sue her. You'd rather have the money anyway, wouldn't you? Small claims is quick, cheap and easy.

excon

[ScottGem]

Is there a written contract or bill of sale here? If there is it MIGHT give you the right to repossess the property for breach of contract.

But I think you are better off suing her for the balance and trying to collect that way.