Can personal property be disposed of without written warning?

UPDATED: Aug 14, 2012

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Can personal property be disposed of without written warning?

I went to visit a friend 6 months ago. I left a few items behind expecting to return. The other party is now threatening to dispose of my property claiming it is abandoned. Is this legal? Do they not need a written warning before they are allowed to dispose of it?

Asked on August 14, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is entirely possible that one's personal items can be disposed of without written warning. However, to do so by a third party could very well subject the third person to a legal action by the property's owner for the items' improper disposal. Whether or not an item has been abandoned by a person depends upon the facts of the situation. I suggest that you advise the person holding your items in writing that they are not abandoned. Keep a copy of the letter for future use and need.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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