Storing property for someone who won’t come get it

[Onlyme123]

I offered to store a freezer for a church member whose house caught fire, but she won’t come get it back. I’ve called her multiple times to retrieve it, but she expects us to hold it until whatever time she decides to come get it. The Salvation Army is paying for her to live in a motel. We’ve had it for 8 months. There was nothing ever put in writing. We had no idea she intended on leaving it here. I can’t just drop it off at a motel. Do I have any legal responsibility to hold onto this for her? If I dispose of it, could she sue me for it?

 

[quincy]

What is the name of your state?

 

[LdiJ]

I offered to store a freezer for a church member whose house caught fire, but she won’t come get it back. I’ve called her multiple times to retrieve it, but she expects us to hold it until whatever time she decides to come get it. The Salvation Army is paying for her to live in a motel. We’ve had it for 8 months. There was nothing ever put in writing. We had no idea she intended on leaving it here. I can’t just drop it off at a motel. Do I have any legal responsibility to hold onto this for her? If I dispose of it, could she sue me for it?

She cannot come and get it because she is living a in motel. You do not have a legal responsibility to hold onto it for her but you do have a moral one since you know she cannot come and get it. You certainly cannot give it away and if you sell it you need to give the money to her. If its full of food that makes things even more complicated.

 

[Onlyme123]

What is the name of your state?

N.C.

 

[quincy]

Thanks, onlyme123.

There can be no disposal of the property without first notifiying the owner of the freezer and giving the owner a date for retrieval/removal.

This is not "abandoned" property at this point because you originally voluntarily agreed to store the freezer for an undetermined amount of time.

Perhaps you can find someone else in the church who will take over storage of the freezer?

 

[PayrollHRGuy]

She cannot come and get it because she is living a in motel. You do not have a legal responsibility to hold onto it for her but you do have a moral one since you know she cannot come and get it. You certainly cannot give it away and if you sell it you need to give the money to her. If its full of food that makes things even more complicated.

Read what you just wrote. First, you say the OP has no legal responsibility then you turn around and tell the op they can neither give it away or sell it.

Think about that for a minute.

 

[quincy]

A bailment was created, and Onlyme123 became a "bailee," when s/he agreed to store the freezer for the church member. The church member became a "bailor" by placing the freezer in the (temporary) care and custody of Onlyme123.

With fixed term bailments (bailments with a set ending time), property can be considered abandoned when the term for holding the property expires and the property is not claimed by the bailor. When there is no fixed term, the bailee must provide notice to the bailor that property will be considered abandoned if not retrieved by X date.

With all bailments, the bailee has a duty to keep the property safe. The bailee (the one charged with caring for the property) potentially can be held liable for damage to the property and can be held liable for conversion.

 

[LdiJ]

Read what you just wrote. First, you say the OP has no legal responsibility then you turn around and tell the op they can neither give it away or sell it.

Think about that for a minute.

The point I was trying to make is that if the OP was foolish enough to sell off the item that the money needed to go to the owner of the property.

 

[quincy]

The point I was trying to make is that if the OP was foolish enough to sell off the item that the money needed to go to the owner of the property.

Onlyme123 does not own the property. Selling the freezer would be a crime.

 

[adjusterjack]

Read what you just wrote. First, you say the OP has no legal responsibility then you turn around and tell the op they can neither give it away or sell it.

Think about that for a minute.

The point I was trying to make is that if the OP was foolish enough to sell off the item that the money needed to go to the owner of the property.

“Then you should say what you mean," the March Hare went on.
"I do," Alice hastily replied; "at least--at least I mean what I say--that's the same thing, you know."
"Not the same thing a bit!" said the Hatter. "You might just as well say that "I see what I eat" is the same thing as "I eat what I see"!”
― Lewis Carroll

 

[PayrollHRGuy]

The point I was trying to make is that if the OP was foolish enough to sell off the item that the money needed to go to the owner of the property.

Then that is really is what you should have written. It was wrong but at least write what you mean.

 

[xylene]

Why cant you drop it off at the motel?

 

[Zigner]

Why cant you drop it off at the motel?

Motels don't like people dumping things on their property...it could, in fact, be a crime to do so.

EDIT: https://deq.nc.gov/about/divisions/waste-management/waste-management-permit-guidance/solid-waste-section/illegal-dumping

 

[cbg]

but she won’t come get it back

Won't? Or can't? What is she supposed to do with it at a motel?

 

[quincy]

Some charitable organizations will at no cost hold onto property for someone who has lost their home due to fire, flood or natural disaster until the person has a new place to live.

If the Salvation Army is paying living expenses for the church member, the Salvation Army might also be willing to store the freezer for awhile.