Abandoned Property

Previous | Next
 rated by 0 users
Latest post 11-30-2012 7:43 AM by Drew. 4 replies.
  • 11-29-2012 6:38 PM

    • Crevist
      Consumer
    • Not Ranked
    • Joined on 11-29-2012
    • IL
    • Posts 2

    Abandoned Property

    I have an ex who left some furniture behind when she moved out. It has been 6 months and she still has not come to get it. Can i discard it? Is it considered abandoned property? Can she have me arrested or take me to claims court if i throw it away?

  • 11-29-2012 7:11 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,026

    Re: Abandoned Property

    You might want to look at your divorce decree, if you and your ex were ever married. . Often there is "catch all" language awarding any remaining  marital property in the possession of each party to that person.

    Most sticks of furniture are not really work that much and I am guessing that is what this property is, if it just isn't outright junk . She probably took the stuff that was easily moved or which she valued.

    If you were never married, I would send her a letter informing her that she has 30 days to pick up her property. At the end of thirty days, if she has not claimed it, you will dispose of it as you see fit. Take it to Goodwill or the local dump, as may be the case.  Some people would recommend that you send the letter certified mail, but I would also send a copy regular mail as many people duck certified mail as bad news.

    I would not sell it or try to make any money from it.

  • 11-29-2012 7:15 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Abandoned Property

    She can make a fuss that it was entrusted to your care and/or not abandonned etc--unless it was otherwise addressed in the divorce order.

    You'd be wise not to give her free mud to toss your way --me, I'd do an overkill with multiple written requests she come get the following items ----



  • 11-30-2012 7:26 AM In reply to

    • Crevist
      Consumer
    • Not Ranked
    • Joined on 11-29-2012
    • IL
    • Posts 2

    Re: Abandoned Property

    We were never married, its an ex girlfriend who just wont come pick up her piece of furniture. Im tired of storing it. It has been 6 months. I dont have her new address so i cant send her a letter. I can text or call her.

  • 11-30-2012 7:43 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Abandoned Property

    I'd still do a bit of overkill as to  multiple text and log calls to request she remove it by date x/y/z  or it gets donated to Goodwill or whatever charity runs a pick up service in your area. And I'd probably keep some pictures.

    What you don't want is for ex to reappear  in 45 days looking for her $ 6000 fine leather sofa you agreed to store for her until she could get it into her new digs --------

    You are into a can of worms where there is a bailment created even if its a bit involuntary on your side and you have some level of duty to care for the stuff until it is picked up  or you clearly go thru the steps to establish it as abandoned property --and those often are long steps if you follow the official rulebook.

    Just a lay suggestion--a solid track record of notice(S) to come get it or it goes to charity is probably good to have....

    One alternate view is that if she made a gift to you of the sofa a while ago then its now yours to dispose of as you please.

    But be careful not to argue both ways at the same time .

    That does not rule out  you send her a couple of notes to confirm that the correct status of the sofa is she gifted it to you back about September.....

     



Page 1 of 1 (5 items) | RSS

My Community

Community Membership New Users: Search Community