So a friend of mine recently incorporated as a computer repair company in Raleigh. He enlisted the services of a former friend (thief) to do some really basic work for him and lent him a computer to use to accomplish this. This was in the fall of 2010. Now, after things went sour with mutual friends, my friend is trying to get the computer back and the guy holding it won't respond to calls/voicemails/texts. One day he did pick up and said that the computer was broken due to the hard drive. My friend asked for it back anyway because he has a replacement for it (computer is worth about $450) and the guy bullshitted him about setting up a time to pick it up. After many more calls/texts finally today on facebook chat he said "u dont need a broken pc go play with ur friends" and "there's nothing you can do read the law".

so I read the law. I found these statues to be pertinent to the situation.

Quote :

" NC General Statue § 116B-53. Presumptions of abandonment. (c) Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property: (c) Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property: (1) Traveler's check, 15 years after issuance. (2) Time deposit, including a deposit that is automatically renewable, 10 years after the later of initial maturity or the date of the last indication by the owner of interest in the property. (3) Money order, cashier's check, teller's check, and certified check, seven years after issuance. (4) Stock or other equity interest in a business association, including a security entitlement under Article 8 of the Uniform Commercial Code, Chapter 25 of the General Statutes, three years after the earlier of: a. The date of a cash dividend or other distribution unclaimed by the apparent owner. b. The date a second consecutive mailing, notification, or communication from the holder to the apparent owner is returned to the holder as unclaimed by or undeliverable to the apparent owner. c. The date the holder discontinued mailings, notifications, or communications to the apparent owner. This subdivision applies to both the underlying stock, share, or other intangible ownership interest of an owner, and any stock, share, or other intangible interest of which the business association is in possession of the certificate or other evidence or indicia of ownership, and to the stock, share, or other ownership interest of dividend and nondividend paying business associations whether or not the interest is represented by a certificate. (5) Debt of a business association, including debt evidenced by a matured or called bearer bond or an original issue discount bond, three years after the date of an interest or principal payment unclaimed by the apparent owner. (5a) Any dividend, profit, distribution, interest, redemption, payment on principal, cash compensation (including amounts from a demutualized insurance company), or other sum held or owing by a business association for or to its shareholder, certificate holder, policyholder, member, bondholder, or other security holder, who has not claimed it, or corresponded in writing with the business association concerning it, within three years after the date prescribed for payment or delivery. (6) Demand or savings deposit, five years after the date of the last indication by the owner of interest in the property. (7) Money or credits owed to a customer as a result of a retail business transaction, three years after the obligation accrued. (8) Any gift certificate or electronic gift card bearing an expiration date and remaining unredeemed or dormant for more than three years after the gift certificate or electronic gift card was sold is deemed abandoned. The amount abandoned is deemed to be sixty percent (60%) of the unredeemed portion of the face value of the gift certificate or the electronic gift card. (9) Amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, three years after the obligation to pay arose or, in the case of a policy or annuity payable upon proof of death, three years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based. (10) Property distributable by a business association in a course of dissolution, one year after the property becomes distributable. (11) Property received by a court as proceeds of a class action, and not distributed pursuant to the judgment, one year after the distribution date. (12) Property held by a court, government, governmental subdivision, agency, or instrumentality, one year after the property becomes distributable. (13) Wages or other compensation for personal services, two years after the compensation becomes payable. (14) Deposit or refund owed to a subscriber by a utility, one year after the deposit or refund becomes payable. (15) Property in an individual retirement account, defined benefit plan, or other account or plan that is qualified for tax deferral under the income tax laws of the United States, three years after the earliest of the date of the distribution or attempted distribution of the property, the date of the required distribution as stated in the plan or trust agreement governing the plan, or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty. (16) All other property, five years after the owner's right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs."

Since my friend is incorporated and it was a transaction with his computer company, we have a year (according to item 10 and/or 16) to claim the property, right? So we could sue him as a corporate entity?

Also, could we pursue criminal charges? There was no formal contract, just a verbal agreement to do the work. My friend has the original box for the computer, which will match the serial numbers. He also saved the facebook conversation and can get access to the texts from his phone company.

advice?

2/27/2011 7:13:40 PM

2/27/2011 7:41:57 PM

There is legal recourse. However, I'm not sure if this situation is a civil or criminal matter. I'd start with a call to the police and see if the laptop should be reported stolen. It might be as simple as settling this via small claims.

2/27/2011 8:05:40 PM

This is not abandoned property. Don't even apply that at all. What you probably have here is a bailment where the bailee is refusing to return the chattel to the bailor. Look up info on that and you may find what you're looking for.

Abandoned property is generally presumed in situations where the rightful owner cannot be found, and it is presumed that he has given up his rights voluntarily. That business association thing is probably about situations where a company folds and has tried to distribute the remaining assets, but some of the investors cannot be located.

(This is not legal advice...)

2/27/2011 9:23:47 PM

We talked with the Sheriff and they're going to set up a time to try to go "scare" it out of the guy. If not, we'll subpoena him to civil court where I believe the preponderance of evidence is on our side. The machine is a custom built one by my friends computer company so we'll sue for all the components, labor, and perhaps "trade secrets" if he cannot render the machine (we think he may have sold it for drugs)

2/28/2011 7:37:43 PM