Lost and Found Property

[lqcorsa]

My question involves personal property located in the State of: Washington

Hey I really would appreciate any help I can get with this problem I'm facing right now. Like most people needing help here, I'm not exactly happy with what's going on concerning lost property of mine, so please forgive me if I freak out.

Last Thursday I misplaced my cell phone at my local gym (LA Fitness...which I'm disgusted with. I'm almost positive they've stolen my iPod as well.)

An employee picked it up, and secured it into the electronics lost and found safe they have there. When I called 2 days later, the employee working told me he could hear my cell phone ringing, and advised me he could hear it in the safe as I called it, so I'm positive it's my phone.

The person working, told me the key holder for the safe wasn't there, and MIGHT be there the next day. I went in to the gym IN PERSON the next day, and sure enough, nobody had access to the safe.

At this point, they've been holding my extremely important personal property, with appointments/phone numbers/business on it for 4 days, and I've attempted to get it back twice now.

In my opinion, that seems illegal. They've basically stolen from me. I know it seems silly, but this phone is nearly $300, and I continue to pay the bill on it, and I depend on it for work and ALL of my phone numbers. Nobody is able to reach me either.

Is this indeed illegal? I don't see how they can hold personal property and refuse to return it simply because they have management issues.

I'm going to attempt to get it again tomorrow, and if that doesn't work, I can't help but get into an argument with them. I'd like to have facts under my belt, and hear from some of the experts here in case I can warn them I'll be taking legal action.

Thanks everyone

[BOR]

Generally, mislaid property becomes the temporary property of the business, whether found by an employee or customer.

You say "misplaced", but here, whether classified as LOST or MISLAID, the agent of the business took control of it, this is a gratuitous bailment.

They must use ordinary care, generally, to see it is not stolen/damaged.

The Q here is, when does the bailment end?

One way is, it ends when the "rightful owner" appears and lays claim to it!

You did this.

If they refuse to produce it, and you know they have it, it is probably a tortious "conversion", but technically theft, IMO.

They have no leg to stand on legally. The problem is, if reported to the police, they will probably tell you it is a civil matter.

You can sue in small claims, but if punitive damages are not allowed, and I did not check, you can only sue for either the phone back, if Replevin is permitted, or if not, the current depreciated market value of the phone!!

Edit: If Replevin is not permitted by statute, you can still request the phone be returned to retrieve the info, etc.

[lqcorsa]

Thanks for the reply BOR. I'm on my way now to go and try to pick it up again. If they don't produce it this time, I'll tell them what you've told me, and I'll also call the corporate office, before updating this thread again.

I was able to get it this time, no questions asked. Thanks again