"Abandoned" item in my repair shop. Owner hasn't picked it up in 3 months.

[fireup6]

I run a laptop repair business in California. Every time someone comes in with a laptop for repair they sign a form and leave the item here until it is repaired. Then once i give them a call and tell them it's finished, they pick up the item and pay for it.

The contract we have (on the form the customer signs) clearly states that if the item hasn't been picked up in 90 days we will dispose of it (or sell it if we invested time and effort to repair it).

One customer got his screen repaired over 90 days ago, and still has not picked it up. We have contacted him many times, and he only answered once to tell us he was out of state. As the 90-day line approached i have tried repetedly to contact him and warn him that will will get rid of the item if he doesn't pick it up, and he still has not.

Today i recieved this email:

...
I have made a call to my friends at Department of Consumer Affairs B.E.A.R I am sure your familiar with them as you have licenses by them which 2 out of the 4 are delinquent and I also discussed you selling my laptop they advised me that if you do it will be against DCA policy and you can and will be civilly liable as well as criminally liable for sale of property which is not yours and in the case of this laptop it will be a Grand Larceny...

I don't want his property in my shop, it's a liability to keep it safe (burglaries/fire/random damage). We have invested over $100 to get it repaired. I would like to sell it to at least get my money back.

Please advise.

 

[LdiJ]

I run a laptop repair business in California. Every time someone comes in with a laptop for repair they sign a form and leave the item here until it is repaired. Then once i give them a call and tell them it's finished, they pick up the item and pay for it.

The contract we have (on the form the customer signs) clearly states that if the item hasn't been picked up in 90 days we will dispose of it (or sell it if we invested time and effort to repair it).

One customer got his screen repaired over 90 days ago, and still has not picked it up. We have contacted him many times, and he only answered once to tell us he was out of state. As the 90-day line approached i have tried repetedly to contact him and warn him that will will get rid of the item if he doesn't pick it up, and he still has not.

Today i recieved this email:


I don't want his property in my shop, it's a liability to keep it safe (burglaries/fire/random damage). We have invested over $100 to get it repaired. I would like to sell it to at least get my money back.

Please advise.

How about contact that organization yourself and trying to verify what he said? I suspect that your contract with him allows you to sell the item or otherwise dispose of it, without it violating any laws. Of course, you could also respond with a request that he pay for both the repairs and the cost of shipping it to wherever he would like it shipped, if he is out of state.

 

[fireup6]

I sent him a response saying i will hold the item until the end of this year if he pays for the repair over the phone (credit card). If he pays extra i will insure and ship it out to him. Thank you for the advice so far.

 

[BL]

I sent him a response saying i will hold the item until the end of this year if he pays for the repair over the phone (credit card). If he pays extra i will insure and ship it out to him. Thank you for the advice so far.

Today i recieved this email:
...
I have made a call to my friends at Department of Consumer Affairs B.E.A.R I am sure your familiar with them as you have licenses by them which 2 out of the 4 are delinquent and I also discussed you selling my laptop they advised me that if you do it will be against DCA policy and you can and will be civilly liable as well as criminally liable for sale of property which is not yours and in the case of this laptop it will be a Grand Larceny

Why don't you call your local Office Of Consumer Affairs about your rights to your policies -verses- B.E.A.R ?

I would , and what about abandonment of their property ?

Many shops such as yours have said policies.

I don't think the Law expects you to hold a person's property forever that has gone unpaid for.

But now that you sent a response you must live up to it.