How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9763
Experience:  Licensed to Practice Law
9373668
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

In Ohio, how long must personal property sit before it is considered

Resolved Question:

In Ohio, how long must personal property sit before it is considered abandoned property?
Submitted: 4 years ago.
Category: Legal
Expert:  TJ, Esq. replied 4 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “In Ohio, how long must personal property sit before it is considered abandoned property?”

Answer: There is no specific period of time. Property is abandoned when the owner expresses an intent to abandon it. For example, if you’ve been holding onto my property for 2 days, and I tell you that I no longer want it, then you have a strong case that I abandoned it. On the other hand, if you’ve been holding onto my property for 2 years, and I never said anything about abandoning it, then you have a weak case that I’ve abandoned it. Of course, you could make demands that I retrieve the property, and if I ignore those demands, then you would have a strong case that I abandoned it.

In sum, property is abandoned when the owner intends to abandon it. The owner’s intent can be proven with evidence that he failed to retrieve the property in a timely manner.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 4 years ago.
But. I have a text from her dated Sept. 7th saying "If you will let me kow when works for you I will move them ASAP" I replied to her saying "I am making myself available Sept. 15th between 3 and 3:30 for you to come get your stuff" and she chose to not get her stuff after a time and date were set up, does that constitute choosing to abandon her belongings?
Expert:  TJ, Esq. replied 4 years ago.

It depends on whether the conduct, in light of all relevant circumstances, would lead a reasonable person to conclude that the property was abandoned.

Was that the first and only attempt to have her retrieve the property? If so, then I doubt a reasonable person would conclude that she abandoned the items. A reasonable person would probably conclude that for some reason that particular time (3:00-3:30) wasn’t convenient. But if that was the 5th time she blew you off, then a reasonable person may conclude that she’ll never get the items, and therefore, she abandoned them. On the other hand, even if it was the 5th time, but it turns out the reason she didn’t pick up those items is because she got into a car accident while she was on her way to your place, then a reasonable person would probably not conclude that she intended to abandon the property.

I wish I could give you a definite yes or no, but it’s just not possible because the answer depends on all of the facts and circumstances. Since you know all the facts, you’re in the best position to answer that question. Do you believe that she failed to retrieve the property because she doesn’t want it, or do you believe that she failed to retrieve the property for some other reason?

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

 

Customer: replied 4 years ago.
Well this was actually the 3rd communication and the final one that I had from her. Basically she's living off of others and don't have a home of her own to go to and sees my home as a free storage place. It's because she was picked up on a warrent she had for theft against her mother totalling over $5000. But the case is with the grand jury awaiting their decision. I found out about the warrent after her stuff was here for 3 months but that's a long story. The policemen told me "no good deed goes unpunished" so that's what I get for helping a "friend". I personally don't feel that she will come get her stuff. And by brushing me off as she has she thinks that I will continue to store her things here. So we will donate them to charity and I will continue to save the text messages from her stating that she was given ample time to get her stuff. Thanks for your help and have a great day.
Expert:  TJ, Esq. replied 4 years ago.
Wow, that does stink. It sounds like she's taking advantage of you. Being that it was the third time she blew you off, you probably have a decent argument in your favor. However, I would probably write one more communication to her, and tell her that she has one more chance to get her things, or you will consider them abandoned and you will give them to charity. Then, if she blows you off, you can reasonably argue that since she knew you'd give the items to charity, she must have intended for that to happen when she refused to pick up the items.

Good luck!

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9763
Experience: Licensed to Practice Law
TJ, Esq. and 15 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.