I loaned some money to friend a little over a year ago. She was going through a rough time and I was trying to help her out. I’ve been asking her for months about when she’s going to start repaying me but she just avoids the topic. Recently I went to her house when I knew she wouldn’t be home. I told her flatmate that I was there to pick up some things as payment for the debt. I took her laptop computer as security for the money she owes me. Now my friend is threatening to call the police. I didn’t lie about why I took the computer. She’s the one who owes me money after all.
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Answer by Jo Wilson, Macleod 3085 VIC
- Dishonesty in relation to a deception offence means that you acted knowing you had no legal right to obtain the property.
- A moral belief in the right to obtain the property is not sufficient.
- You have the right to enforce the debt she owes you by bringing a civil action against her in the Magistrates’ Court. You do not have the right to take her property without her consent. You should give the laptop back immediately.