Client Abandons Computer, Now Wants Computer Back: What Do I Do

[Hebination]

My question involves business law in the state of: Colorado

My business is fairly young and for the first year I was operating out of my house and traveling onsite to customers homes and business to preform services. In October of 2009 I had a customer want to take a look at her laptop and see what was wrong with it because it wasn't charging. It was an older Gateway laptop running Windows XP. Since she was from out of town I met her at a restaurant here in town to pick the laptopp up from her. I had done some work for her previously and just picked it up, she didn't sign anything to say that I had her laptop in my possession. I found out that the laptop needed some parts and it would have been around $250 at least to have it repaired. I called her and informed her that her laptop needed some parts and she said she would call back and let me know if she wanted to fix it.

Fast forward 4 months and I still hadn't heard from her so I tried to call her and the line said it was disconnected. Seeing as how her computer was really broken I recycled her laptop and forgot about the situation.

2 months after that she claims she tried to call me to get her laptop back. She was calling my personal cell phone and said she let a few messages. She says she has records that she called but I don't recall ever getting the message. My cell phone around that time was doing some odd things so I replaced it.

Last week she finally decided to call my business line and she talked to my business partner. She started saying how she was going to sue me personally, my company, and how she was going to file a police report for a stolen laptop. Of course both my partner and I were shocked because this is our first ever experience with something like this. We offered to replace her laptop with a brand new one that would be around a mid-range laptop which is what she had before. We gave her some model numbers of some computers that would be comparable and she decided that that would be a good deal. We tried to get the laptop from Best Buy later that day and we discovered that they were sold out and that their website would not let us order that laptop online. So we found a similar laptop as far as hardware specs were concerned and we called her and informed her that the previous model that we discussed was sold out and that we found another model that we would be happy to provide her with. She said that instead of that laptop that she would like a $400 cash settlement because more than likely she would just want to return the laptop anyway and exchange for something else to which we agreed. We told her that once she accepted the cash settlement that we would want her to sign a agreement that would close this issue once and for all.

We got an e-mail from her today saying that she was able to find the original model at Best Buy and that she no longer trusted us because we were "obviously trying to pull the wool over her eyes" and the cash settlement was no longer acceptable. We are going to call her in a little bit to offer to just purchase that laptop for her. I need some advice as to what to do with this situation.

[Mr. Knowitall]

The out-of-stock computer cost $400?

I hope you've adopted more formal procedures for contracting with your customers, putting them on notice of what happens with abandoned products and unpaid bills, and for managing items that are not claimed in a timely manner, consistent with the laws of your state.

[Hebination]

Yes, we have a waiver that everyone signs and it spells out the abandonment process. The out-of-stock computer that seems to be in-stock now is $400. We are also an S-Corp if that matters.

I just called Best Buy and so did my business partner and both of us got the same answer for the model number that she says we were lying about: out of stock, can't even special order it. She claims that they had 3 in stock and they have been in stock for some time. She is either lying to us or something else is going on.

[Mr. Knowitall]

I have no way of explaining why she would care that she was getting a $400 computer, or why she would accuse you of lying if she could have cashed your $400 check and purchased the same computer herself. Perhaps she's not very rational? Perhaps she's hoping to get more money?

If it were me I would send her a simple letter indicating that you had again verified with the store that the computer at issue was out-of-stock, that you remain willing to issue the $400 payment she previously agreed to accept to settle all of her claims, and that if she can find the computer in stock she can buy it herself with the $400. Some might choose to include a check; I probably would not as I would prefer that she formally re-accept the $400 offer and also wouldn't want a check floating around 'out there somewhere' if she didn't cash it or if she continued to push for more. I would not mention any of her accusations, disagreements or threats - just a simple reiteration of the offer and why it's reasonable even if the computer can still be purchased somewhere. You are free, of course, to fashion your own approach; this is more a matter of business protocol and policy than of law.

[KeyWestDan]

First, there is no criminal offense. That is just a bluff, but it is also illegal to threaten to charge someone with a crime in order to collect a civil obligation.

This is strictly a civil matter. Personally I would not give her a cent. She obviously didn't want to pay 250 to fix an older or cheap computer. She abandoned it. You offered to do more than you were required to, in order to make it right.

I would not give her anything. If she sues in small claims, the burden of proof is on her. She has to prove by a perponderance of the evidence that you owe her some civil obligation and she then has to prove the value of the computer with documentary evidence. Obviously it was defective when she gave it to you to look at.
It would not be worth much, as the amount would have to be less the 250 that it would cost to fix.

In other words, if the computer cost 400, it would not be worth that for long as it would quickly be obsolete. If it needed 250 in repairs, then it could not be worth even 150.

Obviously she would rather have the cash then the computer. I would not give her a dime.

[SChinFChin]

Just to add that when I was a child, my dad ran a laundry and cleaners, and it says on all tickets "not responsible for goods left over 30 days", and he was told that legally, he can destroy or give away the stuff after that.

Despite this, he normally keeps the stuff up to a year for the simple reason that a good number of people comes by after 30 days, and often 6 to 9 months later, and think it's normal. Reasons ranged from family tragedies to business trips to going to a summer home and forgetting about it.

My dad tells me that he does not want to develop a reputation for being a crook in the neighborhood for giving away customers stuff just after 30 days. In fact, I recall on some occasions, people have come back 3 to 4 years later for their stuff, and he still had it on one occasion.

I can tell you being in business, and I done IT consulting too, two months is too short a time, as "time flies" as the saying goes, so I would never discard anything after two months regardless of what my ticket says.