I ASKED A BOYFRIEND TO LEAVE MY HOUSE IN JAN, THIS YEAR.  HE TOOK MOST
OF HIS THINGS, BUT LEFT BEHIND A BIKE, BIKE RACK AND A SMOKER, THOSE
THINGS HAVE BEEN AT MY HOUSE FOR OVER SIX MONTHS.  HE OWES ME $4500.00
FOR WHICH HE SIGNED A NOTE, HE IS NOT PAYING ME, CAN I LEGALLY SELL
HIS THING TO RECOPE SOME MONEY.

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Request for Question Clarification by richard-ga on 05 Apr 2005 19:13 PDT

Can you tell us what U.S. State you live in?

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Clarification of Question by umpeccato-ga on 05 Apr 2005 20:07 PDT

I LIVE IN COLORADO SPRINGS IN COLORADO

The legal answer may not be the same as the practical answer, which is
why I'm making this comment instead of answering your question.

Legally, you're an unsecured creditor, and your first step would have
to be small claims court to get a judgment against him for what he
owes you.

Practically, if you sell his stuff all he can do is sue you, and it
looks like he owes you more than you owe him anyway so that's not
likely.

-R

Well, I'm not sure about Colorado; but I can tell you how Kentucky
would handle this. If the things he left were under $300 dollars, he
could sue you in small cliams court. Anything over $300 he could bring
theft by deceit charges on you, but seeing as how he owes you the
$4500 I doubt the district judge would even hear the case. However,if
they did, you could then appeal and counter sue for a failure to pay
debt, especially since you have a note as documented proof he owes you
money. So that would mean your counter sue would get your money back,
and he would still be without his things.

Now on to my personal opinion. If he owes you, especially that much.
I'd get my money back by any means neccessary. I say let it go, again,
like the person above me, all he could do is sue you for those items,
but with his outstanding debt to you, he wouldn't stand a chance.

I think you would need to have sent him notice of your intent, and
given him time to respond. Notify him that he has 30 days remaining to
pick up his belongings before you sell them and apply the proceeds
towards the loan.