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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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A client made a purchase of two large item over a year ago.

Customer Question

a client made a purchase of two large item over a year ago. They have been asked many times to come get it as we need the space desperately. They haven't paid any storage fees. They will not come get it. I really need the space. What should I do?
Submitted: 7 months ago.
Category: Business Law
Expert:  retireddebra replied 7 months ago.
What province are you in please?Did the pay for the items in full?
Customer: replied 7 months ago.
I am in New York is this site for Canada only? If so please advise how to reverse charges. Thanks
Expert:  retireddebra replied 7 months ago.
No the site is for the US as well. In fact it is based in the US. But your question is placed on the Canada law list.. I will ask the site to move the question over to the proper list.
Expert:  CalAttorney2 replied 7 months ago.
Dear Customer,Thank you for using our forum. My name is***** am another expert on the forum.This is treated as "abandoned property" in the U.S.Unfortunately, in New York, the abandoned property statutes (which would include notice requirements to the owner, then turning the funds over to the state Comptroller, along with penalty provisions for failing to do so), do not apply to tangible property (such as your situation).There is a provision which allows a person to hold tangible property for 2 years, then make a written request to the state comptroller asking the comptroller to take possession of the property (the comptroller may or may not do so), after which the holder of the abandoned property can presumably make a final notice to the owner, then dispose of the property (ideally by sale, then turning the funds minus costs over to the comptroller).However, this is not a very feasible mechanism for dealing with situations, and there is not a requirement that holders of abandoned tangible property do so (it is simply a mechanism that is open to you to provide yourself with maximum protection from suit should the owner later decide to bring such action). Short of waiting out the 2 years, sending a notice to the comptroller and awaiting their response, further notices to the owner, and then attempting to resell, or otherwise dispose of the property, you can simply send a further notice (I would recommend sending it via certified mail as well along with a copy via traditional USPS mail - keep copies), notifying the owner that if they fail to claim their property it will be disposed of within a specific period of time (give them a reasonable period following the notice to make arrangements to pick the item up), and in your letter make sure to document your prior efforts to communicate with them (you are further documenting your efforts in the event you later have to defend yourself in a lawsuit by the owner).The owner cannot reasonably expect you to store their property for an unending period of time, and while the state's 2 year waiting period gives you more protection, it is by no means the only way to deal with the problem, just go into this with the understanding that there is a potential risk associated with it and you can mitigate this risk by documenting your efforts to communicate with the owner as thoroughly as possible.

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