What is the timeframe that storage fees can be charged, as well as how long before equipment is considered abandoned if not paid for?
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What is the timeframe that storage fees can be charged, as well as how long before equipment is considered abandoned if not paid for?
I just repaired customers fire damaged piece of equipment. I am based in one stae and my client is based on another. I’ve notified him of completion along with an invoice for total balance due. Unfortunately he has already spent his insurance claim payout so he no longer has the funds to pay for the repairs to allow the equipment to be released.
Asked on May 30, 2012 under Business Law, Nevada
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I would carefully look at the presumed contract that you have with your customer to see if it contains a provision for a lien on the items that you repaired as security for the services you rendered. If so, I would place the customer in notice of the need to pay for the services rendered immediately and if not, you will sell the items at auction that you repaired.
If your agreement does not have a lien provision, I would invoice the customer and if the invoice is not paid in 45 days or some accomodation is made for payment, you bring a legal action for moneys owed.
As to an item being abandoned and the time frame for such, the state of mind of the property's owner determines such as well as the circumstances pertaining to the item that may be abandoned. There is no hard and fast rule as to the time frame when an item may be deemed abandoned under the law.
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