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What is the FL law on ownership of personal property left in my home unclaimed?
Can some one point me in the direction of the Florida Statute pertaining to personal property such as DVD's, jewelry, small furniture items, and personal clothing items after they are left by the owner in someone else's home (of which they were never an actual resident).
Here is the situation: A credit card was loaned to a "Friend in need" to pay for the purchase of gasoline to assist them in returning home. Upon receiving the credit card statement, there were charges above and beyond the gas of $1200. This "Friend" also left numerous personal belongings in the home of the credit card owner. The credit card owner is attempting to collect the debt and will not allow the personal items to be picked up by the "Friend" until the debt is paid. The "Friend" was never a legal resident of the home. The "Friend" is also stating that her personal items cannot be held because that was never part of the agreement. The "Friend" also has not tried to claim nor pick up the personal items from the home since she left in mid September. Any help would be greatly appreciated...
I am NOT the person who lent the credit card OR the "Friend". I am just trying to assist someone out of this highly stressful situation.
2 Answers
- Bostonian In MOLv 71 decade agoFavorite Answer
Tell them to consult with an attorney.
Unless there was an express security agreement for the property to secure payment of the charges to the credit card, they cannot be held "hostage" for the debt. If the owner shows up at the door with a police officer or sheriff's deputy in tow, the person holding it will be instructed to hand over the property.
Lending the credit card leaves the card holder liable for the entire amount charged on the card. Absent some proof of any agreement that it would only be used for a particular purpose, recovery of the money from the card user is unlikely.
The person holding the property should send written notice by certified mail, return receipt requested, to the owner instructing them to remove the property within 30 days or it will be disposed off. 30 days from the date of receipt of the notice (or 30 days after it's returned as undeliverable) the person holding the property can do with it as they wish.
- Anonymous5 years ago
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