Stuck with some furniture

[lmottel]

Hello,

If anyone can help with this case, or just give me somewhat of an idea what I should do I would appreciate it.

We bought some furniture in February from a company that was going out of business, called Furniture Showcase; however the sale was done through the liquidator called Design Furniture (or MG Smith) who took ownership of the store. We bought a bedroom set with bed frame, nightstands, etc and a loveseat and sofa. Delivery was supposed to be 7-10 days. Next week they showed up with some of the bedroom stuff, missing the nightstands and delivering queen bed instead of king, and no love seat and sofa. They kept telling us the missing parts are coming...they never came. So, we filed a dispute with the credit card company back in March and finally made a decision in my favor. So my Credit Card was never charged, and now I am looking for someone to pick up the furniture in my garage (which is still in the same original wrapping). The initial business is out of business and I cant get a hold of anyone from the liquidation company...obviously I want the furniture out of my garage, but not sure what to do with it. I would need to know if there is any statute of limitation on how long I have to keep it before I can get rid of it and be safe if the merchant ever asks for it..

thanks

 

[Michael Wechsler]

You should probably send a certified letter to the liquidation company, return receipt, regarding this matter. If it were me, I'd write down call dates and demand that if they don't remove the property within X days from receipt of my letter, I'd sell the property and be entitled to a storage fee plus my expenses. Abandoned property law is generally "common law" and from my knowledge means that it is likely the owner has decided to abandon the property. By doing the above, you've given the owner every ability to pick up their property and a failure to do so would be a very strong sign of abandonment. At worst, if they ever claim the property back in the future, you can give them the proceeds of the sale, less your expenses. They'd have a difficult time going to court claiming more.

 

[lmottel]

thank you! at the meantime i found out that the liquidation company went out of business too. I have been documenting all calls a messages of course. I will go ahead and send the certified letter to their old address and see what happens

thanks