Legal Question in Technology Law in Florida
A service item uncollected.
Items serviced (computers) not collected within a timely manner. Client claiming not notified, untrue notified verbally in store. And notified by phone several times. Item left for over 5 months. Posted notices state uncollected service become business property after 30 day period, to be disposed of at our discression.
In this case item was disposed of after 4 months, now former owner wants us to purchase a new machine to replace the uncollected one at twice the market value.
Where do we stand?
1 Answer from Attorneys
Re: A service item uncollected.
If the debt to you for your services is much smaller than the value of the item, then you might want to adjust your policy so that you have written proof of notice to customers so it isn't your word against theirs. For example, you can require the customer to sign a document with the last four Nos. of their social or DL if they want to delay the sale of their item. That would motivate them to sign and you would then have a signed notice to them when they missed the deadline. Or you could just add this to your original contract for services when they bring the items in. Because this is such an important issue for your business, you should have an attorney research all the ways to protect your interests and still fulfill due process requirements; it shouldn't take much time to research and draft a few forms for you to use. Feel free to contact me on this.
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