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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i have abandoned construction equipmnet on my property .. what

Customer Question

i have abandoned construction equipmnet on my property .. what is the time frame to have it hauled off ,,
the owner was told to remove the equipment alomots 2 years ago
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Can you still get in touch with the owner, or not?





Customer: replied 6 years ago.

i have tried numerous times to call him ,. he never answers or responds to messages,

the address i have for him i'm told is an abandoned building ...

also theagree ment to remove the scrap metal from the property was verbal between the previous owner of the business and property i own..

I also have a witness that was there when he was told to remove his equipment..

this man is a creep and very shady.. i have know of him 2002 when he made a verbal agreement with the previous owner to store equipment here,, for $250 per month.. he has never paid a dime.. i bought the busniness in july 2008 ,, the equipment has been here on and off since 2002 ,,. but the one piece left has been sittin here since june 2008

 

thanks

 

Expert:  Ely replied 6 years ago.
What you have to do is to put out a local ad in the local paper. Thirty days in advance. If they do not respond by then, you can hold an auction and auction it off. Document all your attempts to get in touch with them in case they claim you did not do such a thing.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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Customer: replied 6 years ago.

hi again

what do i do about the agreement for storage.. that would be approx $20000 ..

that was with the previous owner .. should i hold it for strorage fees.. this is private property that is posted,, could i have them arrested if they try to come take it with out my permission. ??

 

what woulb be the repercussions if i got rid of it... he can prove he owns it as far as i know.

 

russ

 

Expert:  Ely replied 6 years ago.
You can sue them for it. I wouldn't say that this is a criminal issue. You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: breach of contract and negligence.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”





























Ely and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.

hi

so tell me this,

what if he doesnt actually own the equipment.. he has borrowed it from someone else..

i suspect maybe that's why henever came and got it.. NOT HIS ,, DONT CARE !

 

 

Expert:  Ely replied 6 years ago.
Then you get into a real legal mess... if you suspect it's someone else, do employ an attorney to sort it out b/c they can hold a claim over you, possibly. :\
Customer: replied 6 years ago.

what could they claim or sue me for ??

 

do i not have any rights as a property owner to clean junk off of it..??

 

have it hauled off for scrap !

 

Russ

Expert:  Ely replied 6 years ago.
Russ,It becomes really complex, but if you junk their property while knowing that they had a right to it, you'd be liable.
Customer: replied 6 years ago.

problem being..

i dont know who or if it belongs to someone else..

also . wouldnt he be responsible to them ! he left it here ..

 

Expert:  Ely replied 6 years ago.
Is the equipment the type of equipment that has a registered title to it?