Disposing of Abandoned Personal Property

[cyndyc]

Two questions:

1st Question: I entered into a verbal agreement with an individual to sell some of her personal possessions. I have telephoned her requesting that she pick of the remaining items that I have been holding for over 3 years and she has made no attempt to do so. Can I legally dispose of it and what steps do I need to take to dispose of it now?

2nd Question: An employee who terminated her employment with a local nonprofit agency in our area left a large box of her personal items, including her Social Security Card, at the nonprofit agency's main office. Requests have been made of her to remove the items over the last month and a half but she has made no arrangements or attempt to remove them. How can these items be disposed?

Thank you very much

[aaron]

Section 2080 of the California Civil Code provides:

Any person who finds a thing lost is not bound to take charge of it, unless the person is otherwise required to do so by contract or law, but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. Any person or any public or private entity that finds and takes possession of any money, goods, things in action, or other personal property, or saves any domestic animal from harm, neglect, drowning, or starvation, shall, within a reasonable time, inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property. Any person who takes possession of a live domestic animal shall provide for humane treatment of the animal.

So you are obligated to notify the owner of the abandoned property. If it is unclaimed:

2080.1. (a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:

(1) From what and how it was saved.

(2) Whether the owner of the property is known to the affiant.

(3) That the affiant has not secreted, withheld, or disposed of any part of the property.

(b) The police department or the sheriff's department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff's department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.

So, in both cases, it seems like the wise approach would be to notify the person in writing, by certified mail (return receipt requested), of the fact that they have abandoned the property (with a list of the items at issue), instructing them as to how they can collect the property, and that if they do not do so the property will be turned over to the police on a specified date.