You have to give her a deadline (generally 2-3 weeks) to come get it, after which (if she doesn't) then you'll consider it abandoned property and can sell/dispose of it legally.
Laws on such things vary by jurisdiction. In my state, for instance, you would literally need a "court order" if you want to legally dispose of property that doesn't actually belong to you, having been left in your possession for safekeeping. Also, as a general rule, the value of goods under bailment is separate from the value of a claim you may have against the person as a creditor. One is a property right and the other is a contractual right. They might be resolved in the same case, as a matter of judicial expedience, but you cannot just assume that you have a claim over particular goods that happen to belong to the person against whom you are awarded "damages" in court. They may prefer to pay you from a completely different source and reclaim that particular property.
13 months? sounds like she abandoned the property, to be safe however you need to give her the opportunity to get them, give her a specific date to pick them up and if she fails to do so you are free to dispose of them anyway you like
Where I am its abandoned after 45 days (though you may have to give them notice, depends on the situation). It sounds like you can just claim the property as your own and sell it. Even if this were not allowed a judge would likely allow you to use the first $250 from the sales to offset the money owed you.
You would need to look up the laws of your state concerning abandoned persona property. each state is a little different.
Most state laws require you to notify the owner of the property that they are able to pick the property up. Normally you would allow the property owner a 30 day period in which to pickup the property.
You are normally allowed to charge a storage fee for storing the property.
Once the required time and proper notifications has been done, the property would be yours to do with as you please.
You would want to make sure you observe all the state laws of your state,to prevent possible legal law suites against you.
The fact that she owe you money is not a criteria for you to sell he personal property. This is an entirely different matter. You would want to take sue your roommate to small claims court to address the money you are owed.
I hope this has been of some benefit to you, good luck.
Answers & Comments
You have to give her a deadline (generally 2-3 weeks) to come get it, after which (if she doesn't) then you'll consider it abandoned property and can sell/dispose of it legally.
Laws on such things vary by jurisdiction. In my state, for instance, you would literally need a "court order" if you want to legally dispose of property that doesn't actually belong to you, having been left in your possession for safekeeping. Also, as a general rule, the value of goods under bailment is separate from the value of a claim you may have against the person as a creditor. One is a property right and the other is a contractual right. They might be resolved in the same case, as a matter of judicial expedience, but you cannot just assume that you have a claim over particular goods that happen to belong to the person against whom you are awarded "damages" in court. They may prefer to pay you from a completely different source and reclaim that particular property.
13 months? sounds like she abandoned the property, to be safe however you need to give her the opportunity to get them, give her a specific date to pick them up and if she fails to do so you are free to dispose of them anyway you like
Where I am its abandoned after 45 days (though you may have to give them notice, depends on the situation). It sounds like you can just claim the property as your own and sell it. Even if this were not allowed a judge would likely allow you to use the first $250 from the sales to offset the money owed you.
You would need to look up the laws of your state concerning abandoned persona property. each state is a little different.
Most state laws require you to notify the owner of the property that they are able to pick the property up. Normally you would allow the property owner a 30 day period in which to pickup the property.
You are normally allowed to charge a storage fee for storing the property.
Once the required time and proper notifications has been done, the property would be yours to do with as you please.
You would want to make sure you observe all the state laws of your state,to prevent possible legal law suites against you.
The fact that she owe you money is not a criteria for you to sell he personal property. This is an entirely different matter. You would want to take sue your roommate to small claims court to address the money you are owed.
I hope this has been of some benefit to you, good luck.
'FIGHT ON"
You need to check the abandoned property laws for your state.
Read the laws for your area in regard to abandoned property, then dispose of them accordingly.
yes
i wouldnt sell it, its still hers, i would just go drop it off at her house
maybe, but you need to research the laws regarding your situation