Nonpayment of Services and Store's Abandonment / Forfeiture Policy
My question involves business law in the state of: South Carolina
My husband and I own a small computer repair service in South Carolina. One of our customers has not paid for her computer repair services. The customer signed our workorder during pickup of her computer. However, our delivery driver had her sign the OLDER/OBSOLETE workorder form with NO mention of our 30 day no-payment policy that includes our abandom/forfetied property policy.
We have talked to the customer several times via telephone and informed her of our 30 day no-payment policy which states "if no payment is received by LBS LLC for computer repair services after 30 days of completed services, property is deemed abandoned and forfeited."
We telephoned the customer four times within the 30 day period. Arrangements were made for payment to be recieved in two week (each time). However, the customer failed to pay. The last conversation we had with the customer she was irate and said "keep the computer, I dont have the money". What do we do now? We have held the property 40 days after services were completed. Do I send her a certified letter reinerating our non-payment policy and include that she has abandom/forfeit her property? Can I legally retain the customer's property? Can I sell the property to recoup our losses? What should be done legally? How do I handle this situation?
Re: Nonpayment of Services and Abandon/Forfeit Policy
Legally the phone calls are meaningless. You must send a certified letter stating your policy, give a reasonable period to pay, and a statement that if not paid the property will be sold to recover the repair costs.
If not paid, you are then free to sell the property.
Re: Nonpayment of Services and Store's Abandonment / Forfeiture Policy
Without addressing the question of whether your forfeiture clause is valid under your state's laws, when such a clause is not in effect your state's laws provide:
Quote:
Quoting South Carolina Code, Sec. 29-15-90. Lien of laundries, dyers, and the like.
(A) Except as otherwise provided in this section, when personal property has been left at a laundry, dyer, dry cleaning establishment, retail store, or any other establishment for the purpose of cleaning, dry cleaning, dyeing, washing, alteration, or repairs and is not called for within six months and the charges paid in full, the establishment may dispose of the property by whatever means it chooses. An establishment, at the time of receiving the property, shall give to the person delivering it conspicuous notice in writing of disposal after six months. If notice is not given upon delivery, the property must not be disposed of until after twelve months.
(B) Except as otherwise provided in this section, when personal property has been left at a laundry, dry cleaning establishment, retail store, or any other establishment for the purpose of storage and is not called for within six months and thirty days and the charges paid in full, the establishment may dispose of the property by whatever means it chooses. Notice first must have been sent by certified mail to the last-known address of the person, his agent, or employee, who left the goods at the establishment thirty days before disposal. An establishment, at the time of receiving the property, shall give to the person delivering it conspicuous notice in writing of disposal after six months and thirty days. If notice is not given upon delivery, the property must not be disposed of until after twelve months and thirty days and until after notice by certified mail pursuant to this subsection.
(C) If the property is insured through the establishment, the time periods provided for in this section do not begin to run until the insurance expires.