Full question:
what steps must be taken to get a judicial abandonment so I can sell equipment (tractors) left at our property for 19 months and have no viable means to collect storage? We received these units with approximately 50 other units that were moved to our location for safe keeping. They came from a dealership that went under. Most of the units came from manufacturers and we stored and sold some units for them and they picked up the remaining units and sent them to auction. However, the 2 pieces in question were used units and believed to have been either purchased for resale or sent to the dealer for repair. We have chased every known angle on these two units but cannot find anyone who knows why they were at the dealer for sure or who is the owner. The units have been on our yard now 20 months. The dealer that went under was well known and it was well publicized why he went under. Any local person would know of this and who to check with if they owned these units. Yes we do store machines for banks and others and we are storing the units. They take up needed space and we have to jockey them around often to make room for other units that belong to us. We have had to do maintenance and replace some parts on the units as well. We do not see a viable means to find any owner and collect storage, etc. and have them moved. We would like to know if we can be awarded the right to have them sold at an equipment auction to collect what is due and get them off our lot.
- Category: Abandoned Property
- Date:
- State: Georgia
Answer:
The steps to take depend on the specific facts and contracts involved. Generally, property held in the course of business is considered abandoned after five years. However, you may also have a lien on the property and can sell it to enforce that lien. Before selling or transferring the property, you should send written notice to the former owner, if known, to inform them about the situation. Additionally, check with your local police department for any ordinances regarding abandoned property, as laws can vary by location.
There are different types of bailments: 'bailments for hire' where the custodian is paid, 'constructive bailment' where the custodian has an obligation to protect the goods, and 'gratuitous bailment' where no payment is involved. In a gratuitous bailment, the custodian is responsible but has a lower standard of care. If the bailment benefits both parties, the custodian owes ordinary care; if it benefits only the custodian, they owe extraordinary care.
In Georgia, property held in the ordinary course of business is presumed abandoned if unclaimed for more than five years (Ga. Code § 44-12-193). If you have a lien for storage, you must provide a written notice to the owner after thirty days of storage (Ga. Code § 44-14-363). To foreclose on a lien, you must demand payment and wait for a refusal, or if the owner cannot be located, you may proceed without demand (Ga. Code § 44-14-550).
For further assistance, consider consulting with a legal professional who can guide you through the specific steps based on your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.