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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38196
Experience:  Attorney with 16 years experience
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Our daughter moved her stuff into our garage when she split

Customer Question

Our daughter moved her stuff into our garage when she split up with her husband. That was,almost a year ago. She can't pay for the space. She has disappeared, on drugs, hasn't seen her 5 year old son in more than 2 months and has a,warrant out for her arrest for stealing from us.
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
Oh I was asking when we can get rid of her stuff.
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What is the last good address that you have for her? your house?

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Have you ever sent her any notice to remove any property from your house?

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thanks

Barrister

Customer: replied 6 months ago.
We've given her verbal notice a number of times. Her last known address was here.
Expert:  Barrister replied 6 months ago.

Ok, then what you have here is a "voluntary bailment" with you being the bailee. A voluntary bailment is when one party, the bailor, leaves personal property in the possession of the bailee with permission or consent. The bailor can return and take possession of the property at any time before the bailee terminates the bailment and the property is considered abandoned. A bailee can terminate a voluntary bailment by giving notice to the bailor that they need to come get the property or it will be considered abandoned and disposed of.

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In order to legally terminate the bailment, you have to give written notice to the bailor at their last known address (which would probably be the property address). I would send it certified mail as well as first class mail in case they have a forwarding address with the post office. State that you are terminating the bailment and the bailor has 7 days to remove the property or you will consider it abandoned and dispose of it. On day 8 if it is still there, you can dispose of it as abandoned.

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thanks

Barrister