Another odd question for a lawyer-

[alsih2o]

I tried to sell a kiln last year. A gentleman form Massachusetts sent me a check for the full amount and said he would come get it when the ground thawed. (this was December of 03)

Heard form him in march or april saying "Soon" Haven't hard anything since, now he doesn't respond to emails.

In general, how long do I have to hold this kiln or be prepared to send him his money?

I realize noone will wnanna answer this directly or professionally, I am just looking to nail Jell-O to a wall here.

 

[GlassJaw]

First off, I'm no lawyer.

But my first question is did you have any kind of written contract with the potential buyer? If not, then I don't think you're really obligated to do anything. It's basically just some guy sending you some free money. What if I sent you $20? Would you be obligated to send it back to me? I'd say just sit tight and do nothing. Of course if you are looking to get rid of the kiln, then I'm not really sure what your options area.

 

[der_kluge]

That's a tough one.
I don't really have an answer.


On a related note, my wife had bought some silk flowers to decorate our house with when we put it on the market. The realtor knew someone who had some for sale. So, my wife wrote her a check for $100 for the flowers.

3 months later that lady cashed that check. 3 months. By that time, we'd moved, and moved most of the money out of that account. So, needless to see we weren't really expecting that. It didn't matter much, since I'd bought something out of Paypal and not knowing, I still had it tied to that account. It all came out of savings, but there's a lesson there.

My wife and I decided that if we write a check to an individual like that again, we're going to write "Void after 60 days" in the description line.

 

[tarchon]

I'd contact him and politely propose to start charging for storage. If he doesn't come and get it (or pay), I believe there are ways to place a lien on it.

 

[Dimwhit]

Here's what I'd do if I were you. Sell the kiln again, but be sure to get at least as much for it. Take that money (at least the amount the guy paid) and stick it in a savings account (and forget about it). If the guy finally comes for it, tell him you sold it. If he gets mad and wants his money back, you have it to give (and you've still made money on it since you've already sold it again). If you never hear from him again, then you have free money sitting in an account earning interest. Win-win.

 

[Blue_Kryptonite]

My wife and I decided that if we write a check to an individual like that again, we're going to write "Void after 60 days" in the description line.

Very much not a lawyer, but anecdotally, for what its worth, my wife and I once proposed something similar when speaking with a lawyer. She informed us that no matter what we write, checks would remain cashable for up to a year, and if we decided to get the check stopped, we may be liable to the entity it was written for. Its worth checking with someone aware of relevent jurisdictional law if that step is legal and meaningful before taking it.

 

[JoeBlank]

As I have mentioned, I am a lawyer but this is far from my area of expertise. Couple of suggestions, you can poke around on this site:

http://www.nolo.com/

Which I actually use myself for basic info sometimes.

Also, try your state bar association:

http://www.tba.org/

If that doesn't work, I may be able to dig up someone in TN who can at least point you in the right direction. I know a few attorneys in TN, but they are all workers' comp specialists, like me.

 

[Terath Ninir]

On the cheque thing: what works with my bank is you call them and tell them the cheque got lost in the mail. Could they please cancel it so you can write another? They do so, with no fee. Granted, I have only *truthfully* done this, but there's no reason you couldn't lie and see if you can get out of the fee.
[/hijack]

How much money are you talking here? The bigger the amount, the bigger your problem, I'd assume...

 

[Stone Angel]

In Indiana they say possession is 9/10ths of the law. Depending on how big of an A-hole you want to be. And how long he comes to get it, but I know that you are a pretty nice guy, and I am sure you are just unsure what to do with the money.


The Seraph of Earth and Stone

 

[Keeper of Secrets]

03, eh? I am not sure what the statute of limitations are in MA, but if he were try to get you for fraud, or some kind of 'conversion' crime/civil action, those things are typically no more than two or three years. Meaning, that by about December of 05 you would definitely be in the clear.

Out of curiosity, how much money is involved? 50 bucks? 100 bucks?

Worst case scenario is that you have to refund his money. Though my gut feeling is that he ain't coming at this point and that you don't owe him anything since a reasonable time has passed. Have you attempted to contact him recently?

I am a lawyer, by the way, but not licensed to practice in your state.