I found a gift card while I was walking on the sidewalk

[quincy]

Your link did not work for me, OHR, but I found the Arizona code from the information in your link. Thanks.

What is interesting to read is the definition of "de minimis" (which addresses the "found penny" issue) and the definition of "property" (which does not include de minimis property OR, apparently, gift certificates or electronic gift cards).

You can read the statute for yourself at: http://law.justia.com/codes/arizona/2012/title44/. Scroll down in Title 44 Trade and Commerce, to Chapter 3, Unclaimed Property Act. See under 44-301, definition #3 De minimis, and definition #15 Property.

Chapter 3 covers "abandoned property," as a note, and not "found property." It appears, on a very quick read, that the waiting time can be lengthy (up to 3 years) before property will be considered abandoned.

In most states when you find property of value, you must turn it in to the proper authorities and wait X number of days for the true owner to claim it. If not claimed, many states will turn the property over to you. Some states keep the property.

 

[OHRoadwarrior]

An electronic gift card is an e-gift card, it appears, not a plastic one. The amount is $100, over $50.

Opinions?

 

[quincy]

An electronic gift card is an e-gift card, it appears, not a plastic one. The amount is $100, over $50.

Opinions?

I am thinking there must be another Arizona statute somewhere.

A gift card of $100 would not be de minimis (which is less than $50), but it is also not covered under the Abandoned Property Act, as it is not considered property under the Act. And the card was probably lost rather than abandoned anyway.

It appears that, early on in this thread, justalayman located the proper statute on theft, which seems to address found property. It appears that Jeran should turn the card over to proper authorities so they can locate the rightful owner.

 

[Sloop John D]

From the Definitions section: "'Holder' means a person who is obligated to hold for the account of or deliver or pay to the owner property that is subject to this chapter."

So I would say this statute only applies to people who have been given possession of something by the owner. That's why it gives particular attention to safety deposit boxes and insurance payments. It is unlikely this statute would apply when Justalayman finds my TV on the side of the road.

 

[tranquility]

I agree with all who say it is illegal.

Now, find the guy who spends it.

Yes, possible. In Big Brother land. Sure, we are IN Big Brother land. But, the only reason people are not outraged is "they" don't use the power as such.

Can The MAN put the OP in jail? Yes.

(He won't.)

 

[Sloop John D]

I don't believe the OP needs to worry about any criminal liability attaching, because there doesn't seem to be a reasonable means of inquiring into the true owner. The statute justalayman found is more likely to apply to situations where you find a wallet with an ID in it, or some other similar circumstance where the found item could be returned with reasonable effort. I doubt finding a gift card on the sidewalk is going to fit this criteria.

I think the OP's recommended course of action is best. While I can't speak to all businesses, I know that many do have the ability to replace a lost gift card, and if you have the receipt and the gift card balance has not been spent, some businesses will offer replacement.

If the OP hangs onto the gift card for a few months, this will give the original owner an opportunity to get it replaced. If the balance is still there in a few months, then I think it's safe to assume the OP can use the card without worry.

If she takes it to a police station, I have a feeling they're just going to tell her not to worry about it. Although, if someone wants to alert Cdwjava to this thread, he could probably give us a good overview of how the police department handles lost property that gets turned in.

 

[quincy]

I don't believe the OP needs to worry about any criminal liability attaching, because there doesn't seem to be a reasonable means of inquiring into the true owner. The statute justalayman found is more likely to apply to situations where you find a wallet with an ID in it, or some other similar circumstance where the found item could be returned with reasonable effort. I doubt finding a gift card on the sidewalk is going to fit this criteria.

I think the OP's recommended course of action is best. While I can't speak to all businesses, I know that many do have the ability to replace a lost gift card, and if you have the receipt and the gift card balance has not been spent, some businesses will offer replacement.

If the OP hangs onto the gift card for a few months, this will give the original owner an opportunity to get it replaced. If the balance is still there in a few months, then I think it's safe to assume the OP can use the card without worry.

If she takes it to a police station, I have a feeling they're just going to tell her not to worry about it. Although, if someone wants to alert Cdwjava to this thread, he could probably give us a good overview of how the police department handles lost property that gets turned in.

Carl could answer for California and do the same research we could on Arizona. All states handle lost and found property differently.

I believe Jeran's best course of action is to, first, contact Trader Joe's and ask them how they handle lost cards and, second and depending on what Trader Joe's says, he should turn the card over to the police so the police can locate the real owner or the real owner can locate it.

When any property of value is found, you don't keep it for yourself. You make an effort to find the owner of the property. Just because it may be difficult to locate the true owner of the property does not make it any less the right (and generally legal) thing to do.

 

[justalayman]

It appears that, early on in this thread, justalayman located the proper statute on theft, which seems to address found property. It appears that Jeran should turn the card over to proper authorities so they can locate the rightful owner.

exactly

I agree with all who say it is illegal.

Now, find the guy who spends it.

Yes, possible. In Big Brother land. Sure, we are IN Big Brother land. But, the only reason people are not outraged is "they" don't use the power as such.

Can The MAN put the OP in jail? Yes.

(He won't.)

a realistic an accurate reflection of the situation

=Sloop John D;3237304]I don't believe the OP needs to worry about any criminal liability attaching, because there doesn't seem to be a reasonable means of inquiring into the true owner. The statute justalayman found is more likely to apply to situations where you find a wallet with an ID in it, or some other similar circumstance where the found item could be returned with reasonable effort. I doubt finding a gift card on the sidewalk is going to fit this criteria.

so great, that $1M I found in an unmarked bag alongside the road is mine!!!!


party's at my place guys. I have a new wealth.

I think the OP's recommended course of action is best. While I can't speak to all businesses, I know that many do have the ability to replace a lost gift card, and if you have the receipt and the gift card balance has not been spent, some businesses will offer replacement.

so, your suggestion is to wait it out, lay low, avoid detection, and then attempt to claim it. Don't you see how wrong that is? If it is validly the OP's, why would he need do any of that? The only reason to do any of those would be to claim possession of something you otherwise do not have a valid claim to. I think your moral compass needs adjusting.

If the OP hangs onto the gift card for a few months, this will give the original owner an opportunity to get it replaced. If the balance is still there in a few months, then I think it's safe to assume the OP can use the card without worry.

If she takes it to a police station, I have a feeling they're just going to tell her not to worry about it.

so, why not suggest the OP do that? If the OP attempted to treat it as mislaid property and the cops said; it's yours, then at least the OP has ar argument if there are any criminal issues later on.



what I think would be really funny (and this sort of thing has actually happened):

OP attempts to use the card and discovers it was in the owners wallet when he was robbed. Police are notified. OP spends the next 12 hours explaining to the cops how he found it on the street and didn't rob the owner, even though he fits the very poor description the victim gave to the police of the robber.

 

[Sloop John D]

Carl could answer for California and do the same research we could on Arizona. All states handle lost and found property differently.

I meant from a procedural stance. How does a police department generally handle lost property? Is there a minimum value required before they'll have involvement? Presumably, the police department won't take a found dollar and try to find the owners. Cdwjava might be able to provide some valuable insight.

 

[Sloop John D]

exactly

a realistic an accurate reflection of the situation

so great, that $1M I found in an unmarked bag alongside the road is mine!!!!

I think when the value increases that high, the likelihood of finding an owner probably increases. It's also an extreme example. I don't think it's any different than the one I used earlier. Oh look, a penny. I better turn it in to the authorities.

so, your suggestion is to wait it out, lay low, avoid detection, and then attempt to claim it. Don't you see how wrong that is? If it is validly the OP's, why would he need do any of that? The only reason to do any of those would be to claim possession of something you otherwise do not have a valid claim to. I think your moral compass needs adjusting.

Like I said earlier, which is exactly what was stated in quincy's case, the OP doesn't need to lay claim to it. According to common law, her right to the gift card exceeds all others except the original owner. By operation of law, it belongs to her until/unless the owner comes after it, at which point she is responsible for returning it or compensating the owner. I'm not suggesting she lay low and avoid detection. I'm suggesting that the best way for the original owner to reclaim the gift card is to go to the vendor, with receipt, and ask them to replace it. As long as the OP doesn't spend it, everything should be fine. Turning in the gift card is highly unlikely to provide any benefit to anyone. There's no identifying information on the card, so it would be a useless gesture.

If I was really suggesting that the OP try to convert this property, my recommendation would be to spend it as fast as possible. I haven't suggested that though, have I?

so, why not suggest the OP do that? If the OP attempted to treat it as mislaid property and the cops said; it's yours, then at least the OP has ar argument if there are any criminal issues later on.

Would this be your suggestion if someone found a dollar on the street? I don't think this is a criminal matter. This would be a civil matter, if anything. If there were an issue, the appropriate remedy here would be to file a civil action, not a criminal one. If OP found a large sum of money, I would suggest that she turn it in. But a $100 gift card to Trader Joe's? I just don't see this being a serious issue for the police, especially when the easiest way for the original owner to recover the value is with the receipt.

what I think would be really funny (and this sort of thing has actually happened):

OP attempts to use the card and discovers it was in the owners wallet when he was robbed. Police are notified. OP spends the next 12 hours explaining to the cops how he found it on the street and didn't rob the owner, even though he fits the very poor description the victim gave to the police of the robber.

Let's at least be realistic. You can't trace the gift card back to the OP, and even if you could, are the police going to lock up everyone who spent a $100 dollar gift card at Trader Joe's because someone claims they had one in their wallet and it was stolen? Like I said, if there were some identifying information here, like if this was a wallet with an ID in it, then the OP's best course of action would be to turn it in to the police. But even then, if the guy who owns it claimed it was stolen from him by a person matching the OP's description, she's still going to need to spend time at the police station explaining how she acquired it.


Let me just add that I know you're trying to make sure the OP does the right thing, and I have no problem with that. I just think you're going a little overboard for this particular situation.

 

[quincy]

I think when the value increases that high, the likelihood of finding an owner probably increases. It's also an extreme example. I don't think it's any different than the one I used earlier. Oh look, a penny. I better turn it in to the authorities.

A penny is considered de minimis under the law.

Like I said earlier, which is exactly what was stated in quincy's case, the OP doesn't need to lay claim to it. According to common law, her right to the gift card exceeds all others except the original owner. By operation of law, it belongs to her until/unless the owner comes after it, at which point she is responsible for returning it or compensating the owner. I'm not suggesting she lay low and avoid detection. I'm suggesting that the best way for the original owner to reclaim the gift card is to go to the vendor, with receipt, and ask them to replace it. As long as the OP doesn't spend it, everything should be fine. Turning in the gift card is highly unlikely to provide any benefit to anyone. There's no identifying information on the card, so it would be a useless gesture.

I understand that retailers can track gift cards and gift certificates to the purchaser. The purchaser can track the gift card and gift certificate to the person who lost it.

If I was really suggesting that the OP try to convert this property, my recommendation would be to spend it as fast as possible. I haven't suggested that though, have I?

No. You did think that holding onto it and not telling anyone you had the card was a good plan, though.

Would this be your suggestion if someone found a dollar on the street? I don't think this is a criminal matter. This would be a civil matter, if anything. If there were an issue, the appropriate remedy here would be to file a civil action, not a criminal one. If OP found a large sum of money, I would suggest that she turn it in. But a $100 gift card to Trader Joe's? I just don't see this being a serious issue for the police, especially when the easiest way for the original owner to recover the value is with the receipt.

The $100 gift card is not de minimis. The dollar bill found on the street is. There is a difference.

Let's at least be realistic. You can't trace the gift card back to the OP, and even if you could, are the police going to lock up everyone who spent a $100 dollar gift card at Trader Joe's because someone claims they had one in their wallet and it was stolen? Like I said, if there were some identifying information here, like if this was a wallet with an ID in it, then the OP's best course of action would be to turn it in to the police. But even then, if the guy who owns it claimed it was stolen from him by a person matching the OP's description, she's still going to need to spend time at the police station explaining how she acquired it.

Once again, many retailers now track who purchases gift cards and gift certificates. It is possible that the card is traceable back to the purchaser.

Let me just add that I know you're trying to make sure the OP does the right thing, and I have no problem with that. I just think you're going a little overboard for this particular situation.

$100 is a lot of money to a lot of people. It is never going "overboard" to recommend that someone do what is the legal (and right) thing to do.


I have a feeling, Sloop John D, that you are not going to be invited to justalayman's $1 million bash.

 

[swalsh411]

I would give it to a charity. (but don't claim on your taxes since you weren't out anything)

 

[quincy]

I would give it to a charity. (but don't claim on your taxes since you weren't out anything)

Giving to charity $100 is a nice idea.

Giving to charity $100 that doesn't belong to you is not such a good idea.

 

[justalayman]

Sloop John D;3237328]I think when the value increases that high, the likelihood of finding an owner probably increases. It's also an extreme example. I don't think it's any different than the one I used earlier. Oh look, a penny. I better turn it in to the authorities.

so if I steal small amounts of money it's ok but when they are large sums, then I have to follow the law?

Is that what you are saying?

the likelihood of finding the true owner is not a component of the law.

Like I said earlier, which is exactly what was stated in quincy's case, the OP doesn't need to lay claim to it.

by attempting to spend it, he is laying claim to it.

According to common law, her right to the gift card exceeds all others except the original owner.

well, on top of everything else, here is a new twist for you:

he is free to keep the gift card. What he does not have a legal claim to is the money accessible by using the card. This is not a matter of lost money. It is a matter of attempting to steal money from a bank account. Even if I accepted the argument, that if this was cash, he could keep it due to the minimal value, he surely does not have the right to use an electronic "key" to access a financial institutions accounts and utilize the money in that account. Ya see, he doesn't have any money in his hand. He has a piece of plastic. There are many more crimes possible if he wants to use a debit card for criminal activities.

Let me just add that I know you're trying to make sure the OP does the right thing, and I have no problem with that. I just think you're going a little overboard for this particular situation

hold on to that thought. I see a tiny little water spot on one of my glasses I washed awhile back and it has been irritating me for an hour now.

 

[OHRoadwarrior]

When you buy a gift card, It usually shows the card number on your receipt. If the card number has been reported stolen and OP uses it, without obtaining confirmation to do so by police, OP may find themselves in court for fraud if the card was swapped.