Legal Question in Consumer Law in California

Abandoned vehicle

Hello,

I live in California and have

been in a rental property for

the last 8 years. My ex left a

jetski in my backyard which he

is the titled owner of. It has

been back there for a year and

I told him to get rid of it with a

deadline of March 09. At what

point do I have the right to

give away the jetski if he has

not responded to picking the

jetski up? and what do I need

to sign to release the vehicle to

someone else so they can get a

new title?


Asked on 5/09/09, 9:49 pm

1 Answer from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Abandoned vehicle

You are obligated to notify the owner of the abandoned property. If it is unclaimed:

Quoting California Civil Code, Section 2080.1

2080.1. (a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:

(1) From what and how it was saved.

(2) Whether the owner of the property is known to the affiant.

(3) That the affiant has not secreted, withheld, or disposed of any part of the property.

(b) The police department or the sheriff's department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff's department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.

So, the wise approach would be to notify the person in writing, by certified mail (return receipt requested), of the fact that they have abandoned the property, instructing them as to how they can collect the property, and that if they do not do so the property will be turned over to the police on a specified date.

If you would like us to draft a notice letter to your ex we offer this legal service for $100. this includes unlimited phone consultation.

Yours truly,

Bryan

619.400.4929

877.201.8728

As a convenience for our clients, we now accept credit card payments.

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Answered on 5/11/09, 2:51 pm


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