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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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I contracted with a local cable provider for cable and internet

Resolved Question:

I contracted with a local cable provider for cable and internet services. Installation was completed and equipment provided. I cancelled my service almost immediately per the contract. I made arrangements for the provider to pick up their equiment and they never showed up. I followed up and made a total of 3 different appointments and never had anyone show up to claim the equipment. Approximately a year later, I was contacted by a collection agency stating I had an outstanding balance of over $600 with the vendor. I explained the situation and told them they were free to arrange pick up of the equipment. They stated they would convey the information and I never heard from them again. Now it is still another year later with no word from anyone and I just received another call from a different collection agency stating I owe the vendor over $600. Am I still liable for equipment that I am considering as abandoned since they never claimed it?
Submitted: 5 years ago.
Category: Legal
Expert:  Brandon M. replied 5 years ago.
HiCustomer

when property has been abandoned, the original owner relinquishes their title and all the rights that go with it. There is no equation to determine whether property has been abandoned, but the courts will look at the totality of the circumstances to decide whether the original owners had that intent to give up title. If I left my car on the side of the road, for example, and did not come back for 24 hours, one would not reasonably conclude that it was abandoned; if I left it there for 6 months, it would almost certainly be considered abandoned even if I came back and said that I didn't intend to abandon it.

Here, you 3 different appointments and they didn't show up. A year later, you again told them through their agent what was going on and they failed to do anything about it. It doesn't seem to pass the smell test, if you ask me.

Let me know if more information is needed, and please remember to click "accept". Thank you.
Customer: replied 5 years ago.

Thank you very much for the information. Can you suggest a course of action to clear this situation up and stop the collection agency from calling?

Expert:  Brandon M. replied 5 years ago.
Hi again:

with or without filing a lawsuit? You can sue them to leave you alone, but a more practical solution would be to write (or more appropriately, have an attorney write) them a letter letting them know that they missed their chance and to either take you to court or leave you be.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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