Abandoned treadmill

What is the name of your state? New York
I purchased a treadmill from an Ebayer out of WA state, Nov 2003. I am not sure if he owned a store or was a reseller for a fitness store. I received the treadmill but it was not the correct item. I ordered a folding treadmill the one I received did not fold. I contacted the seller and he assured me he would send the correct treadmill. After almost a month, I charged back my credit card. Since I never got the correct item and was issued a refund he said he would send someone to pick it up the wrong treadmill. This also was never done because he never sent the people and after a while he never contacted me again. Nov 2004 he contacts me about the treadmill but we have given it away because it took up to much room in the house (non-folding) and was a safety issue for my toddler as well as an eyesore. He claims this is theft. Is there a statue of limitation for this sort of thing? Is this abandonment of goods? What is his/my recourse?

Did you ever send him notice that he needed to pick it up? Did it give him a time to pick it up or the consequences of what happened if he didn't? I think you may want to try and come to an agreement with him.

By getting a refund for the item, you no longer owned it, so it was not yours to give away. I suggest you come to an agreement with this person.

djohnson said:

Did you ever send him notice that he needed to pick it up? Did it give him a time to pick it up or the consequences of what happened if he didn't? I think you may want to try and come to an agreement with him.

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No I never sent him any written notice. I told him verbally several times I could not keep the treadmill because it was an obstruction in my house. He had ample time to pick it up. If we came to an agreement could I subtract the cost of 11 months of storage to reduce my liability? What about depreciation?

teflon_jones said:

By getting a refund for the item, you no longer owned it, so it was not yours to give away. I suggest you come to an agreement with this person.

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But at what point is my responsibilty over? I asked him several times to remove the equipment, he never did. If I settle can I subtract storage and depreciation to reduce my liability?

feliz300 said:

No I never sent him any written notice. I told him verbally several times I could not keep the treadmill because it was an obstruction in my house. He had ample time to pick it up. If we came to an agreement could I subtract the cost of 11 months of storage to reduce my liability? What about depreciation?

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You are missing the point. Did you give him written notice, and have proof stating you would charge fees? giving him a date? If not it's your word against his and you have gotten rid of his property. He could say you had an oral agreement to keep it until he sold it to someone else since he was so nice in dealing with you, you agreed. You have to have a proof trail and you don't have it. You will probably lose this if it goes to court.