Have Legal Questions? Ask a Lawyer Now.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
That would be up to you. Yes, you can dispose of them if you don't have any good faith belief that they belong to any certain individual. At this point, they would certainly be considered to be "lost" or "abandoned" under the law (which looks to the facts of the situation and a reasonable person standard).
Since you don't have any requirement to safeguard these records under the law, you could just throw them away, but I would highly suggest getting them shredded.
The reason is that IF it is discovered that you disposed of them and it causes someone financial harm, they could still try to sue you, even if unsuccessfully. Better to completely destroy the documents than just throw them away in a manner where they could still be discovered.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Did you have any other questions before you rate this answer?
Are you there? Please note that I am still here, awaiting your response.
I guess I should get a certificate of destruction from a shredding company to protect myself ? do I have to list each of the 1000,s of records ?
No. Again, since these are abandoned records, you don't have any obligation to any of them. It would be a good idea to have evidence that they were destroyed, etc... as well as a rough approximate of how many records.
But that would be to protect you just in case. Proving destruction of abandoned property should suffice.
Should I continue to await your response, or may I assist the other customers that are waiting?
scotty. thanks so much can you email me a copy of our conversation so I can send it to my general manager my email is rXXXXX@XXXXXX.XXX .your answer is for sure a 5 !
Unfortunately I don't have any access to your email address (JustAnswer doesn't let me have access to that) and even if I did, it would be against the terms of service to send you any communication off site. After you rate this, though, this will switch from chat to Q&A, at which point you'll be able to print it out, or copy and paste, etc...
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).