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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default How Long Before a Laptop Left For Repairs is Owned by the Repair Service

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

    Good Morning,

    My husband and I have a sign in our front yard that says "affordable computer repair" and we fix computers for people for cheap. We get maybe 2 customers a week. It's not really a business, more like a hobby. A gentleman brought us a laptop last June with no operating system and various other issues and since there was no windows key and it was going to cost him several hundred dollars to fix (with us only charging $30-50 labor), he decided it wasn't worth fixing. He said he would come get the laptop on 2 occasions in June, but never did. We called him in July and he again said he would come get it, but did not. Between July and September we called and left 3 messages for him to call us back so we can bring him the laptop, but he never called back. He finally called back in late Septemeber/early October and said he would be home and to bring him the laptop. So my husband went to his house and knocked on the door. There were lights on in the house, but no one answered. He could hear people talking. After a few more more knocks, they turned the lights off in the house. My husband called and could hear the phone ringing in the house and no one answered the phone or door. So my husband left. When he got home he left another message for them to get the laptop when they have the chance. It is now March of the following year and this laptop is still at our house. How long before we legally own this laptop so we can scrap it for parts and get it out of here.

    Thank you,
    Katie

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Florida - How Long Before This Laptop is Legally Ours

    It's not really a business, more like a hobby
    No, it really is a business. Hobbies are activities people undertake for their own benefit and typically cost them money. A business performs a service for others for money.

    For gosh sakes. It's a laptop. It's not like you are storing the guys car for him.

    since you have the guys address, why not simply pack it up and send it to him? I know, it's going to cost a couple bucks but the alternative is worse.

    but here are the rules (I believe)

    http://law.onecle.com/florida/real-and-personal-property/715.106.html

    http://law.onecle.com/florida/real-a...y/715.109.html

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Florida - How Long Before This Laptop is Legally Ours

    The statutes above seem to be for occupants (people who live in rental units but are not the tenants) of rental property.
    Quote Quoting Florida Statutes, Sec. 713.58. Liens for labor or services on personal property.
    (1) In favor of persons performing labor or services for any other person, upon the personal property of the latter upon which the labor or services is performed, or which is used in the business, occupation, or employment in which the labor or services is performed.

    (2) It is unlawful for any person, knowingly, willfully, and with intent to defraud, to remove any property upon which a lien has accrued under this section without first making full payment to the person performing labor or services of all sums due and payable for such labor or services or without first having the written consent of such person so performing the labor or services so to remove such property.

    (3) In that the possessory right and lien of the person performing labor or services under this section is released, relinquished, and lost by the removal of such property upon which a lien has accrued, it shall be deemed prima facie evidence of intent to defraud if, upon the removal of such property, the person removing such property utters, delivers, or gives any check, draft, or written order for the payment of money in payment of the indebtedness secured by the lien and then stops payment on such check, draft, or written order.

    (4) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine of not more than $500 or imprisonment in the county jail for not more than 3 months.

    A business should include provisions in its repair contract, and should have posted notices, describing when property will be deemed abandoned and what will happen at that time. The provisions and notices should, of course, be consistent with state law.
    Quote Quoting Florida Statutes, Sec. 85.031 Remedies against personal property only; all lienors.
    (1) BY INJUNCTION AND ATTACHMENT.—If any person entitled to a lien under part II of chapter 713 on personal property has reason to believe that it is about to be removed from the county in which it is, the person may enjoin its removal in the manner provided for enjoining the removal of property subject to a mortgage or, if the lien has been perfected, may attach it in the manner provided for attachment in aid of foreclosure of mortgages.

    (2) BY SALE WITHOUT JUDICIAL PROCEEDINGS.—When any person entrusts to any mechanic or laborer, materials with which to construct, alter, or repair any article of value, or any article of value to be altered or repaired, and if the article is completed and not taken away, and the reasonable charges not paid, such mechanic or laborer may sell it after 3 months from the time such charges become due at public auction for cash but before the sale the mechanic or laborer shall give public notice of the time and place thereof, by notices posted for 10 days in 3 public places in the county, one of which shall be at the courthouse, and another in some conspicuous part of his or her shop or place of business. The proceeds of the sale, after payment of charges for construction or repair with the costs of the sale, shall be deposited with the clerk of the circuit court for the county, if the owner is absent, where they shall remain subject to the order of the person legally entitled thereto. The clerk shall be entitled to receive 5 percent on the proceeds for the care and disbursement thereof. Any person claiming a lien under s. 713.65, of part II of chapter 713, may enforce it by sale without judicial proceedings in the manner set forth herein after 1 month after the time the charges for which a lien is claimed become due.

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