Hello Law Gurus,Subject: Statute of limitations holding customer's equipment in California law.I have a question regarding customers' compu...

Question

Hello Law Gurus,

Subject: Statute of limitations holding customer's equipment in California law.

I have a question regarding customers' computer equipment I have repaired.

On or before 11/20/2010, a customer came to me with two computers.

The customer requested I repair one or possible both systems.

One was not repairable.

The other I did repair and received a check for payment for my work.

When the system was ready, I called the customer to come pick up their equipment.

Every time I called, the customer never gave me a date as to when they were going to pick up their repaired equipment. After a while, they would not answer my voice messages, left on their answering machine. Soon after that, I stopped calling.

Yesterday, 4/20/2012 (2-years, 6-months, later) they called looking to pick up their equipment.

I told them that I threw the broken system away because it was not repairable and donated the other system a school. The owner's son, said that the owner, was angry with me because I gave the equipment away without first asking the owner's permission.

According to the owner's son, the owner is threatening to take me to Small Claims court.

My Questions: Is there a time limit I have to hold a customer's equipment before I can do with as I see fit? (or) Is there a statute of limitations I must hold the customer's equipment?

Thanks for answering my question.

Andrew Lynn

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Answer

Did you and the customer have a contract that allowed you to dispose of his equipment under these circumstances? If not, did you ever write to him and explain that, if he did not pick up the equipment by a certain date, you planned to dispose of it? If the answer to both of these questions is no, then you may indeed be liable. Consider this a learning experience, and make sure your future contracts include language that allows you to dispose of unclaimed equipment and that clearly states the circumstances under which you may do so.

Note also that the interval between November 20, 2010 and April 20, 2012 is one year and five months, not two years and six months as you claim.