Legal Question in Consumer Law in Florida

How long does a business have to hold on to customers property?

I own a small business that repairs scuba equipment. We have some customers equipment that has been in the store for months - even years. We have been unable to reach the customers, or they plain refuse to come pick it up. How long do we have to hold on the property before we can get rid of it? Is there a different time period if we have had actual verbal contact with the person, or if we are only able to leave messages, or if their phone has been disconnected. Some of the gear we have has been here over a year.

Help! I want to clean out my store!!

Thanks!!

Lynne


Asked on 6/06/05, 1:46 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: How long does a business have to hold on to customers property?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: I don't know the answer to your question, and have not done the research, but you may want to write the owner's a certified letter return receipt requested advising them that if they do not pick up their property within 30 days from receipt of your letter then you will assume that the property has been abandoned, that they have no further interest in the property, and that you will dispose of it. In the future, have your customers sign an agreement or ticket that says any property left for more than 30 days from the time it is fixed/completed will be subject to forfeiture and the company may dispose of it as if it were abandoned property. I am not sure of the legalities of the foregoing, but if you are still interested, I would hire local counsel for more advice.

Good luck,

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Answered on 6/06/05, 3:51 pm


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