• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Dry Cleaning

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
K

Kristie Sturm

Guest
What is the name of your state? north carolina

My dry cleaner has informed me that he took about $500 worth of my clothing to goodwill because I did not pick them up within 30 days. He did not notify me that he was doing this. I have spoken to him, he has no proof of when or where he took them. He does not have my original ticket, and cannot prove that he has my phone number. (He insists that he called) Is this legal? Can I take him to scc?
 


stephenk

Senior Member
Do you have the dry cleaner ticket(s) for the clothes you left there? If yes, do the tickets state how long clothes can remain at the cleaners before they are sold or given away?

You need to prove he had your clothes and he never contacted you.
 

JETX

Senior Member
Lets take your case logically.....

1) Do you have your claim ticket?? If not, how do you propose to show that he took possession of your items??
2) What EXACTLY does your claim ticket say??
3) How long did it take from your claimed dropping off to attempted pickup??

The answers to the above are CRITICAL if you intend to pursue this.
 
K

Kristie Sturm

Guest
I do have my claim ticket. On the ticket it says "Not responsible for clothing left after 30 days." It does not state what will happen if the clothing is not picked up within this time frame. I also called the store and asked if they had anything posted stating this policy - they do not.

I dropped the clothes off in November. (He has the date on file) When I spoke with him, he told me that he has nothing that states when he took my clothing to goodwill but that it was towards the end of the year. So, how do I know that he even had them for the full 30 days?

I have no good excuse for not picking the clothes up within 30 days other than, they weren't clothes that we wear on a regular basis. They were special occasion clothes and I honestly forgot about them. Maybe it had something to do with the fact that I was pregnant (gave birth in Feb.) and had other things on my mind.

How do I prove that he did not call me? I don't think he would be able to prove that he did or that he even has my phone #. If he would have called to tell me that I had $500 worth of my clothes there that he was getting rid of, I most certainly would have gone to pick them up.
 

JETX

Senior Member
Since you admit that the ticket clearly shows that they (the cleaner) is "Not responsible for clothing left after 30 days" it was clearly incumbent on you to pick the items up within the time allowed.

Q1) "How do I prove that he did not call me? I don't think he would be able to prove that he did or that he even has my phone #."
There is no obligation for the cleaner to call you (but it would have been nice) so you trying to force his proof is moot. And even if there were one, it would have been incumbent on you to leave some way to contact you (the merchant doesn't have to be investigator to locate you).

Q2) "If he would have called to tell me that I had $500 worth of my clothes there that he was getting rid of, I most certainly would have gone to pick them up."
A2) I would assume that the same responsibility would have reminded you that they had $500 of your clothes.

Regretably, I don't see any liability on their part.
 

stephenk

Senior Member
You may want to ask him for the receipt he received from Goodwill. You could try and sue in small claims for the receipt. It would be a tax deduction for you.

Some dry cleaners I know sell the clothes that are left at their stores. he may be trying to avoid having to pay you for whatever he got for selling the clothes.
 

JETX

Senior Member
Stephenk, you are missing the point. The cleaners has NO obligation to explain or justify what happened to the clothes. The writer CAN take the cleaners to court and might even win some compensation.... but the cleaner was clearly in their right to dispose of the clothes since they were left there for SEVEN months!!
 
K

kds4819

Guest
I am a dry cleaner, not a lawyer. This is the standard issue of legal disclaimers versus what is reasonable practice. It is common for many clothing orders to sit on the racks at cleaners for 3-4 months before being picked up. Therefore, I know of no one who would dispose of anything in less than 6 months. I doubt someone would dispose of a large order in anything less than a year. The only way a 30 day limit is reasonable is if ninety-nine percent of the orders are picked up sooner than that, which is not the case. I do not know how long you waited. I would want documentation from the cleaner to show that they did in fact have a record of your order, as proof they did not lose it along the way, and I would ask them to give you the phone number from their paperwork or computer that they tried to contact you with and the paperwork indicating when they trashed it. Based on that, I would go to court on the basis of no records, no phone call received, and an unreasonable time limit. I hope you have your invoice or proof your clothes were there.
 

JETX

Senior Member
KDS, you are imposing what you think is your position on a legal issue.... and they have no relation.

The issue here....
The writer left her items at the merchants for 7 months. The merchant clearly has a limitation of 30 days. Does the cleaner have any LEGAL obligation to hold the merchandise beyond the 30 day limit??? The answer is clearly no.

What we have is called a "bailment". This means "a transfer of possession of personal property from one person to another with the understanding that the property will be returned". There are several types of bailment, this type is called a 'mutual benefit bailment" (or 'bailment for hire'), both parties will receive benefit from the transfer (owner gets cleaned clothes, cleaner gets monetary benefit). In this case, the cleaner is obligated to exercise REASONABLE CARE. This requirement is further limited by the 30 day liability noted on the 'ticket'. So, my opinion is that the cleaner has no additional liability to the writer, since the writer exceeded the time limit of liability.

However, the courts may determine otherwise, depending on the full facts which we are not aware of. So, my suggestion would be, go ahead and file a small claims action against the cleaners. There is a chance that you might win at least something (the value to the Goodwill donation, less the costs of cleaning and 'storage').
 
E

Elvis

Guest
Halket -
Why do you chastise posters who offer real life examples? You act/write as though you are a laywer providing Legal advice;
1) You are not a lawyer
2) The note on the bottom of all your posts reinforce that you are NOT providing LEGAL advice - but the body of your post states that you are?
3) KDS post was VERY informative and appropriate -

have a nice day -

Always,

ELVIS
 

JETX

Senior Member
As usual, your posts are trite and without any merit.
Further proof that "Elvis is dead".
:p
 
E

Elvis

Guest
Halket -
"This communication is not intended to be, nor should it be interpreted as, legal advice. Do NOT act or rely upon this OPINION without seeking the advice of a competent attorney in your state."

Why does this appear below all your posts?
Probably due to the FACT that you can't provide legal advice since you are not a lawyer.

Thanks for providing your OPINION - Since you cannot provide advice it goes without saying that none of your posts have any use except to entertain.

Also, If I was 'dead' how could I post this? Elvis is alive and in this forum.

Always,

Elvis:D
 

JETX

Senior Member
I have no problem.... except that you are like an abandoned puppy. You keep whining and crying hoping that someone will take you in and hold you. As much as you whine and cry... I won't become your 'owner'..... you are far too much trouble and no matter how 'cute' you think you are, you're not.

You simply keep on yapping at everyone's heels (mine lately.... ever since I proved to the forum that you have NO idea of what you are talking about!!) hoping that we will pay you some attention...... and it just won't work.

My suggestion, be careful, or the dog pound will return and pick you up (for the umpteenth time) and take you away.

Finally, let me answer part of your question..... I have forgotten more civil law than you will ever know. Take a look at my posts where a specific legal answer was applicable. I provided that law... what have you done except just whine, cry and yap at heels.... I know, I know.... you really want to be liked by SOMEONE, but..... you won't find them here. Might try the 'ooh-ooh-pay_me_some_attention.com' website.
 

stephenk

Senior Member
The issue that may hurt the dry cleaner is that the ticket says the dry cleaner is not responsible for clothing left after 30 days. It does not specifically say that the clothes will be disposed of if not picked up.

The reason the distinction is being made is that I have seen dry cleaning tickets that state that any clothes left after 30 days may be sold by the cleaner. The sign is also in the establishment.

A small claims judge would most likely grant the lady recovery of the value of her clothes less the dry cleaning cost and storage of the clothes by the cleaner. If the cleaner gave the clothes away to Goodwill, she may end up having to pay the cleaner since the value would be the Goodwill amount on the receipt. I doubt the cleaner put a $500 value on the clothes.

This would be an interesting case to hear in court.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top