I'm a Private Investigator in Florida. In September 2008, I contracted with a client to perform Executive Protection at a hearing in Volusia County. The client was involved in a lawsuit brought against him by former business associates. This Executive Protection detail was successful and the client was pleased. The client requested a referral to a local Attorney so I introduced him to an Orlando Attorney with whom I have an on-going professional relationship. My legal business address is within this attorney's law offices. My client subsequently became a client of this attorney. In doing so, this mutual client signed a contract that outlined both Attorney's fees and Investigator fees. This same client contacted me a few weeks later and requested that I remove his personal belongings from an apartment in advance of his eviction. In doing so, he directed me to cull certain items from the apartment, then forward these items to him in California. This client agreed to pay me for my services and forwarded a retainer for an amount that covered the actual move plus one month's storage of his belongings in a commercial storage facility. The client further agreed to assume financial responsibility for the storage units and to release me from any further obligation. The assigned tasks were completed just as directed.This particular client was very ambitious and had grandiose plans for many things. He invited me to become involved in his plans and I told him that, while I could accomplish many of his goals, I would require additional retainer funds before undertaking any additional tasks. He agreed and stated that additional retainer would be forthcoming. Inexplicably, this client then requested a refund of retainer funds already expended. I provided him with a detailed, line item accounting of his retainer expenditures and explained that my professional services could not be returned for a refund. He became furious and eventually sent several abusive, argumentative emails in which he blamed me for his decision to hire and pay a Private Investigator to move and store his household belongings, as opposed to hiring a moving company to move and store his household belongings. I did not respond to these emails, but I did contact the storage facility and advised the manager of the situation. The manager explained that transferring ownership of the rented units (and their contents) from me to the client was easily accomplished by executing a transfer of ownership via affidavit. The manager provided a form from her storage facility used to transfer ownership, which I signed and returned to the storage facility, along with the only keys to the unit. This notarized document specifically assigned ownership of the storage unit to this client as of November 1, 2008. The storage facility contacted this client and advised him that I had relinquished ownership of the storage units and in doing so, advised him that payment was due for the month of November. The client paid the storage fee for the month of November with a credit card. The storage facility then told the client that, in order to claim ownership and take control of the storage units, he would have to sign a contract with them, and accept financial responsibility for future storage unit rent payments. This agreement would be mailed to him and he must sign it before a Notary. The client refused to give a mailing address and insisted that the document be scanned and emailed. He stated that he would print the scan, sign it, then have a Florida Notary acknowledge his signature and return the document. Not surprisingly, the storage facility refused to scan the document and email it to him in California, pointing out that a Florida Notary cannot legally acknowledge a document signed in California. He became enraged and verbally abusive to the storage facility Manager and was eventually forbidden to contact her in any way. He was directed to deal with the owner of the storage facility, who also refused to scan and email the contract and other paperwork necessary to assume ownership and financial responsibility for the storage units. The client eventually became abusive and argumentative with the owner of the storage facility as well. This scenario ended with the now ex-client refusing to cooperate with the storage facility's procedure for claiming his household goods, and the storage facility refusing to accept illegally notarized documents from the ex-client. I became aware of the problems with this transfer of ownership in March of 2009, when the contents of the storage units became subject to sale at auction. I spoke with the manager of the storage facility who explained that, even though I had released my ownership of the contents of the storage units and specified a new owner, the new owner had only made one payment and had refused to sign a contract or become financially responsible for the rent. Since no one had been making the payments on the units, the contents were scheduled for auction in a few days. My mom was very ill at the time and I requested that the auction be postponed or canceled, since I was out of town visiting with her. In April, my mom was even more ill, and now in intensive care, so the auction was again canceled at my request. In May, my mom passed away and the auction was canceled. I began negations with the management to settle the balance due on the account. In June, the auction was canceled when I agreed to settle the debt for approximately 50% of the balance due. I also agreed to clean out the storage units before July 9th, 2009. On 22 June 2009, the manager of the storage facility called to say that circumstances had changed and that I would have to remove the contents of the storage facility by 30 June 2009. Due to previous commitments, I was unable to meet the new deadline. The manager eventually hired a moving company to move the contents of the storage units - at her expense - over the July 4th weekend. I have rented an alternate storage unit in another facility and the contents were moved to that new facility. I would like to stop paying to store this client's household goods. I would like to simply turn this stuff over to the sheriff as abandoned property. There is absolutely nothing of value and I have no interest in keeping it, but how do I get rid of it?
07/04/2009 |
Category: Abandoned Property |
State: Florida |
#17331
When a person who is not a landlord agrees to hold property for another, a bailment is created. When the person holding the property, called the bailee, is not being compensated, it is called a gratutous bailment and the bailee must use reasonable care to protect the property.
There are different types of bailments- "bailments for hire" in which the custodian (bailee) is paid, "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible. There is a lower standard of care imposed upon the bailee in a gratuitous bailment, and the parties may contract to hold the bailee free from liability in any bailment. As the law of bailments establishes a lower standard of care for the bailee in a gratuitous bailment agreement, such an agreement or receipt should indicate explicitly that the bailee is acting without compensation. When a bailment is for the exclusive benefit of the bailee, the bailee owes a duty of extraordinary care. If the bailment is for the mutual benefit of the bailee and bailor, the bailee owes a duty of ordinary care. A gratuitous bailee must use only slight care and is liable only for gross negligence. To create a bailment, the alleged bailee must have actual physical control with the intent to possess. Physical control and intent to possess will be interpreted according to the expectations of the parties. If a court thinks that liability would be unexpected or unfair, it can usually find that the defendant did not have “physical control” or “intent to possess.” For example, courts are more likely to find a bailment of a car exists in a garage with an attendant than in a park and lock garage.