Author Topic: Question for a lawyer (maybe Roy)  (Read 2173 times)

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Question for a lawyer (maybe Roy)
« on: February 01, 2012, 07:07:12 PM »

Offline JSD

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I moved into my place about a month ago. Since then, I've received nearly two dozen packages for the former resident, shipped from the same company and all through UPS. I told the UPS driver about it, I told the former resident about it, I told the company about it, and I told UPS corporate about it. But the packages continue to arrive.

 1. In what ways am I liable for these packages, if any? If they get lost, stolen, damaged, etc., can the former resident come after me for damages for lost articles?

 2. If the previous resident doesn't come pick these things up, at what point will all this be considered abandoned property that I can use or attempt to resell?

Re: Question for a lawyer (maybe Roy)
« Reply #1 on: February 01, 2012, 07:24:37 PM »

Online Roy H.

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No idea.  

Once you take the packages into your home, though, there's at least an argument that you've accepted responsibility for them, and have some duty of care to the addressee.  If you leave them outside, and don't accept delivery, you shouldn't have any responsibility.

Generally, before disposing of abandoned property, you have to mail a letter to the last known address (which in this case, is probably yours) letting them know of your intent to take possession, among other things.  However, there are all kinds of rules about specific items, etc.

If UPS won't help, you're best off contacting the company that's sending the stuff, and asking them to stop. 


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Re: Question for a lawyer (maybe Roy)
« Reply #2 on: February 01, 2012, 07:39:57 PM »

Offline JSD

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Cool. Thanks for the response man

Re: Question for a lawyer (maybe Roy)
« Reply #3 on: February 01, 2012, 07:52:33 PM »

Offline Eddie20

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You'll be good. It's UPS' responsibility since they either left it at your door step, without having it signed for, or had you sign for it despite you not being the person it was intended for. UPS will have no choice, but to reimburse the company for the lost goods, as the company will have to reimburse the buyer. It's like a trickle down effect.

As for any criminal action, you'll be fine. Nothing can be proved that you accepted the packages with intent to defraud any party (buyer, UPS, seller). The only thing that could occur is the buyer attempts to sue you civilly, but that's a real stretch And if it does occur, simply keep all documentation of your attempts to notify all pertinent parties (phone records, e-mails, etc.). In addition, the buyer has no chance of getting anything from it since there is no way of knowing if you discarded the items or not.

Re: Question for a lawyer (maybe Roy)
« Reply #4 on: February 01, 2012, 08:03:06 PM »

Offline JSD

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I never signed for any of the stuff. It was outside my door.

I've contacted that company before, and they didn't help. I think I'm going to send them a certified letter that explains any further item sent to this address will be considered abandoned. Hopefully that will clear me for the future. As for the current stuff, I'm just sick of looking at it on my counter. But I could put it back outside and run the risk of someone else grabbing it... what a pain in the ass.

Re: Question for a lawyer (maybe Roy)
« Reply #5 on: February 03, 2012, 06:13:10 AM »

Offline dark_lord

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just curious, but what type of products are they? i know u dont know specifically bc u dont open them, but what type of company is it?  just curious, as i read.

roy and eddie answered it the way i would have.