Legal Question in Business Law in Illinois

Computer left for service.

I have a small computer repair service, I had a customer that brought me a computer and an older computer in trade for labor. The agreement was I would do the labor for free and they would buy the parts. I told them what it needed and they said they didn't have the money so I held it for a while and then made several attempts to contact them to bring parts or pick up the unit, they left it for 9 months and never responded.

I discarded the unit and now almost 11 months later they contact me and threaten to take me to small claims court for discarding the item. Can they do this? And is there anything I can do about it?

Thank you.

Kevin


Asked on 2/28/07, 1:23 am

2 Answers from Attorneys

Steven Pollack Law office of Steven B. Pollack

Re: Computer left for service.

Unfortunately you are responsible as the bailee of the property when you take it in for service. You should have a custom take-in form that spells out how long you will hold the property for and provide for a storage fee for any time after that.

There may be definitions for declaring, and methods for disposing of abandoned property under Illinois law. Self-help through trash disposal is probably not one of them. You might be required to give the property to the state for example.

In any event, document the dates and methods used for contacting the customer as this may become important in small claims if that becomes necessary.

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Answered on 2/28/07, 8:31 am

Re: Computer left for service.

I agree with Mr. Pollack. However, in order to avoid the problem in the future, in addition to having an intake form that specifies how soon they must pick up property and the storage fee for any periods after that date, you should also post that information on a sign that is openly displayed. If you have a website, you should also post the information there. Concerning the intake form, you should have the customer sign an acknowledgement at the bottom of the form and initial the area near where the policy is stated.

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Answered on 2/28/07, 9:11 am


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