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Abandoned Merchandise

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C

Cdm

Guest
I own a retail computer store and service shop in Colorado. I have a customer who had us repair her computer nearly 3 months ago. I have talked with her on the phone three times (the last time about 1 month ago) telling her that her computer is ready to be picked up and paid for. She has still not retrieved her computer or paid for the work we performed.

Is there a time limit where I can claim the computer as ours and sell it or use parts from it to recover for our time and parts?

Thank you in advance!
 


I AM ALWAYS LIABLE

Senior Member
My response:

Here you go. Follow this statute to the letter, and you'll be just fine:

Colorado Revised Statutes Section 38-20-116.
Abandoned property defined - notice of sale.

(1) Property is presumed to be abandoned if the owner has failed to contact the lienholder for a period of not less than thirty days and the lienholder, in good faith, is without knowledge of any evidence indicating that the owner does not intend to abandon the property.
(2) At least fifteen days prior to selling or otherwise disposing of abandoned property, the lienholder shall notify the owner of the proposed manner and date of disposition by transmitting said notice to the owner's last known address by registered or certified mail, return receipt requested, signed by the addressee only. The lienholder shall maintain in his records for a period of one year a copy of said notice together with the return receipt signed by the addressee, or, if said notice is returned unclaimed, said notice and the proof of return unclaimed shall be so maintained. If the written notice is returned unclaimed, the lienholder shall publish said notice at least one day in a newspaper in the county in which the property is located or, if no newspaper is published in that county, then a newspaper in some adjoining county.

The notice of sale must state all of the following:

(1). Whether the sale is to be a private sale or a public auction sale.

(2). In the case of a private sale, the date, time and place at which bids or offers will be received and a day on or after which the sale will be made or, in the case of a public auction sale, the date, time and place of sale.

(3). The street address or other common designation where the sale will take place.

The notice of sale may state other matters, including terms and conditions of the sale.

You can depend on me to come through, where others can't . . . because,

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited July 23, 2000).]
 
P

Prairielaw

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Cdm:
I own a retail computer store and service shop in Colorado. I have a customer who had us repair her computer nearly 3 months ago. I have talked with her on the phone three times (the last time about 1 month ago) telling her that her computer is ready to be picked up and paid for. She has still not retrieved her computer or paid for the work we performed.

Is there a time limit where I can claim the computer as ours and sell it or use parts from it to recover for our time and parts?

Thank you in advance!
<HR></BLOCKQUOTE>

You are asking the right questions as I would not just toss it out. I do not know the procedure for this in Colorado and am not sure anyone here will. You could try contacting the office of consumer protection at the Attorney General's office in Denver. Here is a web page with their contact info: http://www.ago.state.co.us/CONSPROT.HTM .

Law on, Kevin




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Kevin O'Keefe
Founder & Fearless Community Leader
Prairielaw.com
"More people helping people with the law than anywhere."
 

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