Legal Question in Technology Law in Arizona

Re: Left merchandise

When one person transfers the possession of property to another person with the expectation of getting the property back, the parties have created what is called a "bailment." The person who receives the property (the "bailee") has several duties with regards to bailed goods. He has to:

1) take care of the goods;

2) retain possession of the goods;

3) not use/misuse the goods; and

4) return the goods.

See http://everything2.com/index.pl?node_id=191692 for a more complete explanation of the law of bailment.

If the person who took possession of the property fails in any of those duties, he will likely be liable to pay damages to the owner of the property.

At some point, the doctrine of abandonment comes into play. Unfortunately, abandonment is a subjective test. If someone else (i.e., a judge) decides that the property was not abandoned, what the person who took possession thinks is irrelevant.

There are a few things that you may be able to do.

You post indicates that Arizona law applies. Many states give the repairman a lien on the personal property he repaired. I don't know if that is the case in Arizona. If it is, you may be able to give notice to the owner that you are foreclosing on your lien and then sell the property, take your repair fees and mail the owner a check for the balance.

If that is not available or is not feasible for you, you should at least give the owner written notice that you will consider the property abandoned if not picked up by a specified date. That should help protect you.

In any event, if the owner knows where to find you, you do not have to keep calling. The fact that you called does help bolster your argument that the property was abandoned, but it is not your obligation to provide reminders.

David K. Staub, Illinois business attorney