How can I proceed with small claims court for abandoned property?

Full question:

A customer has left a piano at our place of business for more than five years. She has refused to pay rental or moving costs and other repairs we did. She has moved and will not give me her current address, though I have her phone number. I have sent papers advising her of small claims court procedings, but she will only give me a PO box number. How can I precede with small claims court? What is my best course of action?

• Category: Abandoned Property
• Date: 04/07/2025
• State: Texas

Answer:

To handle abandoned property, you must notify the owner so they can respond. If you can't locate the defendant, consider conducting an Internet search, such as at , or hiring a professional investigator. If you can demonstrate to the court that you've made reasonable efforts to find the defendant, you may request permission to serve the lawsuit by 'publication' as a last resort in some states. This involves publishing a notice of the lawsuit in a local newspaper for a specified time. After the final notice, the defendant is considered served, even without actual notice. Service by publication is only allowed if you can prove the defendant's address is untraceable. You will still need to locate the defendant's employment or assets to collect on any judgment. When someone holds property for another, a bailment is created. In a gratuitous bailment, where the bailee is not compensated, they must still take reasonable care of the property. There are different types of bailments: 'bailments for hire' (where the custodian is paid), 'constructive bailment' (where circumstances impose a duty to protect the goods), and 'gratuitous bailment' (no payment involved). A gratuitous bailee is only liable for gross negligence, while a bailee for hire owes a duty of ordinary care. To establish a bailment, the bailee must have actual physical control and intent to possess the property. Courts may interpret these terms based on the parties' expectations. If a court finds liability would be unexpected or unfair, it may determine that the defendant did not have 'physical control' or 'intent to possess.' For example, a bailment is more likely found in a garage with an attendant than in a self-parking garage.