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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4800
Experience:  Experienced in both state and federal court.
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I have personal household items located at my office. The girl

Customer Question

I have personal household items located at my office. The girl who use to work for me left them behind 1year ago. She still has an employee loan that was never paid can I legally sell those items to pay off her account? How long do I need to keep these items? In New Mexico
Submitted: 9 months ago.
Category: Legal
Expert:  Chris T., JD replied 9 months ago.
Hello. I'll be happy to assist you.What sorts of items did she leave behind? Did your agreement guarantee you any collateral interest in these items? What attempts, if any, have you made to contact her about picking the items up?
Customer: replied 9 months ago.
Tv, coffee table, candle holders, wall clock, purses, shoes things like that. Over the past year we sent letters explaining amount owed storage fees etc and have tried calling setting appointments for her to come pay bill as well as pick up stuff etc.
Customer: replied 9 months ago.
Yes the loan agreement is in writing
Expert:  Chris T., JD replied 9 months ago.
Have you gotten any response from her regarding the property?
Customer: replied 9 months ago.
None. I know with normal loans after we repossess items we only keep them for 10days. Does this rule apply to her too since it was an employee loan never repaid?
Customer: replied 9 months ago.
In normal circumstances we sell the items to repay the loan however if we do not payoff whole bill then the leftover balance is still the borrowers responsibility
Expert:  Chris T., JD replied 9 months ago.
There is good news and bad news. You cannot simply take the items as if they were collateral on your loan since you did not specifically agree to that in the original loan documents. However, this may not be altogether bad news for you because you can keep the items on other grounds, and you don't even have to apply the value to the outstanding debt. Here, it appears as though she has abandoned the property. You have given her several attempts to collect the items from you, and she has ignored your requests. As such, she has abandoned it and you may claim it. This right is independent from the loan, so you don't to apply it against that debt if you don't want to. It may be the prudent and fair thing to do, but there is no legal requirement that you do.
Expert:  Chris T., JD replied 9 months ago.
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