Am I allowed to sell merchandise customer left over past 30 days?

Business Contracts 3 views 3 answers
I run a leather repair shop. My receipt/claim ticket states only that I am not responsible for items lost, damaged by fire or left over 30 days. I have items left over anywhere from 4 months to 2 years old. Can I sell these items so I can at least recover costs?

Attorney Answers

3
Frank Chen ·
Yes. (I assume you have no means of contacting these customers, such as by telephone, letter or email.)
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Christopher J McKillopContracts / Agreements LawyerPortland, OR ·
I would be cautious about selling these items without developing a procedure and providing notice of this in your shop and on your receipt. You could be opening yourself up to a small claims action for "conversion" and be liable for the value of the item on the date you sold it. Although the California Civil Code addresses what to do with various types of abandoned property (sometimes you can auction it, sometimes you have to hold it and turn it over to the state) I am not familar with any sections that specifically apply to your situation. At a minimum I think going forward you need to notify customers of what you will do after the 30 days are up: a phone call and letter to the last known address telling them you intend to sell the items by a certain date. Perhaps there is a lawyer on who has advised laundrymats on this topic before. Anyone? Chris McKillop Rogers Machinery Co., Inc. 14650 SW 72nd Ave. Portland, Oregon 97224 Phone: 503-639-0808 --------------------------------Legal Disclaimer------------------------ This communication is intended for the recipient identified above and no other person or entity. Any dissemination, distribution or copying of this communication is a violation of federal copyright law and is strictly prohibited without our consent. Please call us if you have received this in error. Copyright 2008, Rogers Machinery Co., Inc. All Rights Reserved.
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