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2007-12-19 15:16:54 · 11 answers · asked by Mal 2 in Politics & Government Law & Ethics

This guy won't give back an amp and a guitar and is claiming its his now seeing as "by law its been at his house for 90 days so its his now"
>:/

2007-12-19 15:23:52 · update #1

11 answers

If you take a police officer with you to collect your belongings he will be forced to give them to you. He may at a later time sue you for storage but he can not withhold property. He will probably not even bother with the filing and fees associated with doing so.

2007-12-19 15:29:14 · answer #1 · answered by Anonymous · 0 0

No. That is not the law. The law is generally not so black-and-white. Basically, the court would have to determine, based upon the specific circumstances of the case, whether the person who left the property had "abandoned" it. Factors that would effect this determination would include whether the person who was keeping the stuff agreed to keep it for you [then it would most likely not be abandoned], the nature of the property [it is more likely that someone would abandon very inexpensive property, for example, than very expensive property], any interest you expressed to the person regarding wanting the property back [obviously the person couldn't stop you from getting your property and then claim that you had abandoned it] and [as your question relates] the amount of time that you left it at their place. If you've left something small there, they never agreed to hold it for you, and you never expressed any interest in want the property back, then 90 days would most likely be long enough for it to be considered abandoned at which time the person holding the property could do whatever they want with it. However, 90 days may not be long enough in other cases.

Hope that helps!

2007-12-19 23:31:01 · answer #2 · answered by Katie P 1 · 0 1

Good question

If you leave something to be repaired and you don't pick it up or pay for the repairs and cost of repairs within 90 days, the person who repaired the item can legally keep them or sell them to pay for cost of purchasing components etc to repair items, as well the cost of time, effort and storage.

This is after contacting the owner of the goods/items, both through phone and formal written letter, warning them of impending sale of their goods, but only after 3 months of holding items/goods.

As for personal items left at someones home etc, I am not so sure. If you left something in the care of someone for a short period then, I would think they can not keep it, however one would assume that after 3 months you may not want the items, if you have not made contact with the person looking after the items.

2007-12-19 23:52:59 · answer #3 · answered by Georgie 7 · 1 0

Depends on who's house and where it is! Example: If you leave the Big House (Prison) you must leave the prison-cell there, it belongs to the prison automatically! Do not know much about the 90 day rule!

2007-12-19 23:28:10 · answer #4 · answered by Anonymous · 0 2

He's full of it. Call the police and they'll set him straight. As far as storage fees, he would have to give you prior notice before applying them. If he feels it is abandoned property, he would need a court order specifying it as such. This of course doesn't apply if you have a contract that states otherwise.

2007-12-19 23:38:59 · answer #5 · answered by Caninelegion 7 · 0 0

It depends on the law in your state and whether it was a "bailment for hire", "voluntary bailment" or "involuntary bailment".

Depending on which it is, your ex-friend has different rights and responsibilities regarding the property.

2007-12-20 00:11:33 · answer #6 · answered by raichasays 7 · 0 0

Never heard of that one before- but if it is true I own some stuff I don't need

2007-12-19 23:21:15 · answer #7 · answered by justneedingsomehelp 2 · 0 0

No, but they can charge storage fee $$$$$$

2007-12-19 23:21:48 · answer #8 · answered by Old Grumpy Cranky 5 · 0 0

If so, my neighbor won't be getting his riding mower back...

2007-12-20 11:52:31 · answer #9 · answered by sirbobby98121 7 · 0 0

nope

2007-12-20 00:21:37 · answer #10 · answered by Anonymous · 0 0

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