Submitted 308 days ago...
Computer Repair service
My brother and sister in law brought in a computer to be fixed. I ended up replacing it with a faster unit. I have not heard from them in 11 months about it, till she got busted cheating again and we printed off information and gave it to my brother. She now has her sisters husband call me today and say that it was their computer and he wants it back. I told him of the policy posted in my shop, stating that anything left over 30 days without written consent becomes property of my business and will be sold at market value to cover cost of repairs. I told him that the system was an old system and was gutted and thrown away. He said he wanted it back and I told him that it is not possible. I told him to contact them about the issue. I think she had put him up to calling me about it now. He said that it will be a criminal matter now. Am I right about this issue? What recourse do I have as a business owner?
Answer 1 / 3
Submitted 308 days ago...
Answer 2 / 3
Submitted 308 days ago...
No contracts are signed when customers bring in or pickup systems. It is posted in the office here. Never have I had issues like this. Family matter problems brought this on. I am talking with my lawyer on Tuesday and see what he has to say also. They did not contact me for 11 months and all of a sudden I hear from someone I don't even know.
Sounds like a Judge Judy episode! First of all, I am not a lawyer and your lawyer should have the final say in all of your business's legal actions.
Hopefully, your lawyer told you about "mechanic's liens". That is where you do not have to return the PC until the customer pays for the repairs and/or your business can file a lien against that property until your business is paid.
Back to the point, if I understand what your saying, you gave your brother the repaired/replaced PC. At that point your business is no longer invovled (unless they did not pay for the repair/replacement).
At any rate, the customer has the fixed/replaced PC and unless your business wants to file a lien on the PC to collect what's owed, your business is not liable.
I assume that the call from your brother's brother-in-law was about the broken PC your brother brought in for repair.
Your business repaired that PC, by replacing it; and returned it to the customer (your brother).
Your brother's brother-in-law needs to call your brother, since he has that PC.
Now if your brother and his wife have not paid you for the repairs/replacement, your business can file a lien against it (the PC) so that whoever has that PC has to pay your business or your business can repossess the repaired/replaced property.
While Mechanic's lien laws vary state to state, the general principle is the same. Just to protect the rights of your business, your work orders should mention that policy and you should require every customer to sign it before you do any work.
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