How long can a shop keep a repaired item?

[Axtman]

How long can a repair shop keep a customer's repaired item before it becomes their property?

[glebert]

Google "possessory lein" and Washington or something to find out how your state handles it. It can often require a long holding period, a registered mail notification, and perhaps a public auction of the goods. This is why I don't do outside repair work. I would rather buy up projects, fix them, and sell them off. I have a Crate amp that has been sitting here for two years and I almost feel stuck with it as the owner would not respond to my texts.

[Enzo]

That ^^^

It varies state to state. I had a sign in my shop that stated anything not picked up within 90 days of notification would be sold. Attorney general's office in your state could also tell you the law, or at least refer you to the proper office.

[glebert]

"Constructive bailment" or "bailment for hire" are also legal terms used in laws regarding these situations.

[Mick Bailey]

Depending where you live the law can apply differently to goods owned by serving members of the Armed Services.

[Axtman]

I am now a proud owner of a vintage Sunn amp. It's kind of a dog and will still need some loving care but at least it is in a loving home.

So here is the story. I was perusing my local repair shop talking to the owner. I have asked his advice, bought parts and even given him parts/projects that I don't want to tackle. I mentioned that I was looking for a low powered tube bass head. I really want an SVT but my back will not allow it. He mentioned that he had an old Sunn amp that the owner did not pick up. He said take it home and try it out. If you like it we can swing a deal. He knows me well enough that I won't disappear. Well before I turned it on I replaced the 3 prong cord, then got into a few more repairs. I foolishly charged ahead assuming it was my amp. I call the repair guy a few days later to ask how much he wants for the amp and he told me the owner just called and wants the amp back. So I sadly brought the amp back kicking myself for assuming it was mine.

Fast forward 20 days later and the repair guy calls and says there is a Sunn amp at his shop waiting for me to pickup. I race over their, pay his original repair bill and walk out with an amp.

The amp had been sitting on the shelf for 1 year and 3 months! The repair guy got tired of chasing the owner down and finally gave him a two week ultimatum. Even then he extended the two weeks a few more days.

[Amp Kat]

Had a guy die on me and didn't know it until I googled it and found the recent orbituary. It was an Ampeg VL-2000 Lee Jackson that I modded and still use today. I sat in my shop for a year before I found out he died from overdose imagine that !

[Axtman]

When I picked up the amp, the repair guy told me a few stories. He told me one customer completely disappeared for 2-1/2 years. It ended up he was in prison and wanted his amp when he got out. The repair guy said he sold the amp and asked him, "Are there no phones in prison?"

Another guy had to leave the state to visit his dying mother. He then had to stay for 3 years to settle her estate. In this case the customer called periodically to let the repair guy know his status. He offered to pay the full repair bill or put down a deposit. The customer eventually came back to town, paid the repair bill and left with his amp.

[glebert]

For those operating repair shops, I had a thought on this problem. It seems like the laws for self-storage businesses are MUCH more clear in how to handle selling off items if rent isn't paid. For example, in Oregon I was able to find the self-storage statute in seconds and have never been able to find definitive answer on a abandoned repair situation. The Oregon law for self-storage allows you to contact the customer electronically and doesn't require registered mail. I think instead of having a repair contract you should have a "storage and repair" contract. You could waive storage fees if repair picked up in X number or days or whatever.

[Leo_Gnardo]

I think instead of having a repair contract you should have a "storage and repair" contract. You could waive storage fees if repair picked up in X number or days or whatever.

I was having a thought along those lines a couple of years ago. Goes something like this. Give the customer a duplicate form when they drop off an item, and they must sign it before they leave, and also provide contact info, phone, email, address. One copy is for the customer to take, the other kept on file at the repair shop. Have a paragraph that says "Repaired items not picked up within 30 days after notification of completed repair will be stored, and a storage charge of $5.00 per day will be levied for each day beyond the first 30 days after notification of completed repair. Any item not picked up and paid for 90 days or more after notification of completed repair will become property of the repair shop, and will be disposed of at the discretion of the repair shop owner." AFAIK that's a contract, and would serve to defend the shop owner in case the person who abandoned their gear decides mount a court case. I expect the contract would be honored by a judge in spite of any boilerplate state/county/city laws that may attempt to address the situation in the absence of any agreed-upon contract.

Facing a "fine" of $35 per week, or $150 a month might spur ordinarily delinquent equipment owners to get their rear in gear.

[gearhead63]

I know that here in Texas, the best thing is to have a printed warning on the repair order stating exactly what your (the repair shop) policy is about items not paid for, and the time limits.Make the customer sign the repair order/estimate, and initial the section on unpaid items. Flat out....it's a legal binding contract. But it doesn't fall under legalities such as a mechanics lien, which is a whole 'nother" nightmare. In fact, under the Texas state law, I can't keep the vehicle, can't file for abandoned vehicle title, and can't charge over 30 days storage unless I'm a licensed impound. Can only file paperwork and auction it off. Used to be able to get a title fairly easily, not any more. But I ALWAYS fill out a "checklist/information" sheet when I take in a piece of kit.It has my stipulations, my estimate, if any, and anything else I feel needs to be documented. AND I HAVE THE CUSTOMER SIGN IT AND MAKE THEM A COPY.
But I've seen MANY shops or individuals either just keep the device, or sell it for profit after 30 days of completion of repairs.