I had lent money to a friend and now ex-fiancee for security deposit and first months rent for a home they planned on renting together. My friend and now ex-fiancee have parted ways. Since the ex-fiancee is the one that approached me for help, can I take tools and tool boxes from my friends house (with her permission) that belong to the ex-fiancee and secure them as collateral toward money owed?
Answer
No, your proposed self-help solution could backfire on you in
unpredictable ways (in my opinion). Better to sue this loan defaulter in small claims court rather than attempting to bring justice to your situation through what might be termed a "backdoor" remedy which could harbor any number of pitfalls, not only for you but for your friend who apparently is now in possession of these tools.
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