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Old 09-04-2018, 07:39 PM   #1
RRH
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Default Oregon Bailment Law

First, I want to apologizing for becoming a member only to ask a question and not being able to contribute to the forum in any other meaningful way.

Second, Thank you in advance for your reposes.

I am unable to locate information on Oregon Bailment Law for property left in the care of a repair technician.

My situation: I brought a piece of equipment in for repair. An estimate was not completed everything was done with a handshake. I paid for the recommended parts in advance of ordering them. It took him a few months to get the parts in. Tax season started for myself. After a few more months of being a desk slave I reached out to this person and he informed me that the equipment did not work and he had thrown it away.

I had never received a call, notice, or invoice from him stating the work was complete. Nor did I get a notice saying he was going to dispose of the property.

Does he have to give me notice before disposal?

Without an invoice is it reasonable for me to expect that the work has been completed?

Do I owe him for labor?

Do I owe him for storage fees?

What proof is there that any labor went into the equipment since there is no longer any equipment or parts there of left?

Helpful responses very much appreciated.
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Old 09-05-2018, 11:43 AM   #2
adjusterjack
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Default Re: Oregon Bailment Law

Bailment law is rather universal. You can get the basics at:

https://everything2.com/?node_id=191692

If you want specific information for Oregon you can study Oregon appellate case decisions at:

https://scholar.google.com/scholar?h...=bailment&btnG=

However, I think you have more of a breach of contract issue though a bailment is part of it.

As to your questions, there's no way to speculate for a couple of reasons:

1 - These repair places often have signs prominently displayed that address what happens when property is unclaimed or stored.

2 - Being a desk slave for a few months was no excuse for not following up on a timely basis.

All I can suggest is you file your lawsuit in small claims court and see how it goes.
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Old 09-05-2018, 11:59 AM   #3
Beckham
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Default Re: Oregon Bailment Law

But he should at least have returned the parts paid for, or at least have given notice before throwing them out.
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Old 09-05-2018, 12:04 PM   #4
RRH
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Default Re: Oregon Bailment Law

Thank you both for your reply.

Being a desk slave is not an excuse I will take that out of my thought process.

To clarify he makes the repairs in his home garage. There is not signage of any sort. He has a business name that he uses but not an actual repair shop.

Thanks Beckham, I don't disagree with you but I am looking for what was his responsibility by law.
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Old 09-05-2018, 02:50 PM   #5
adjusterjack
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Default Re: Oregon Bailment Law

Quote:
he makes the repairs in his home garage.
Ouch.

That makes your situation so much worse.

I wish you luck.

One more thing. There is a difference between legal responsibility and accountability.

He may be theoretically "responsible" for this, that, and the other thing, but that all becomes meaningless if you cannot hold him accountable.

You can file your lawsuit but you have no documentation of anything (which is what judges want) so holding him accountable is problematic.

You'd be better off on Judge Judy's show (or one of the others) because everybody gets paid anyway.
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Old 09-05-2018, 04:09 PM   #6
RRH
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Default Re: Oregon Bailment Law

I have the purchase orders for the parts sent to him and text messages communicating about the repairs.

Would this be considered documentation or should I just drop it?
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Old 09-05-2018, 08:09 PM   #7
adjusterjack
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Default Re: Oregon Bailment Law

Quote:
Originally Posted by RRH View Post
I have the purchase orders for the parts sent to him and text messages communicating about the repairs.

Would this be considered documentation or should I just drop it?
That would certainly be considered documentation.

What kind of money are you talking about? How much for the parts? What kind of equipment? How much would it go for on Craigslist or at a yard sale in non-working condition?
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Old 09-23-2018, 12:05 AM   #8
dan 49
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Default Re: Oregon Bailment Law

Sue him! That's my vote!
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