QUESTION
A repair company possibly lost my laptop. May sue but curious if his policy negates the fact he may have lost it even though this is a special case.
Asked on Aug 15th, 2011 on Civil Litigation - North Carolina
More details to this question:
Back in October of 2010 my fiance''s father took my fiance''s laptop down to a local laptop repair shop. My fiance and I, as well as her father have made multiple attempts in the last 6 months to get an answer about our laptop with nothing but an answer stating that some part or the laptop has been lost. The last time I went down there the repairman stated that he would give us a call in a couple days which never happened. Today, 8/15/11, I went down there and he pointed me to his 60 day we are not responsible policy. I told him we have been down here multiple times and that we were to get a call from you that you never came through on. He said he has no clue where the laptop is and that he will have to look in his warehouse. I agreed that this is fine and that I expects phone call this time. He took my number down and I am giving him 2 weeks maximum. I told him I do not care about his 60 day policy and that if he lost my property I need to know. Do I have any grounds in court?
1 ANSWER
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Ultimately the answer lies in the terms of the original agreement between your fiance's father and the repair shop. Many repair shops give an "estimate" on a standard form. That standard form is a good place to start. Additionally, you should locate any papers or receipts or anything else that your fiance's father received when he dropped off the laptop for service. If the repair shop has a website, you could search it for any policies or terms mentioned on the website. These could all be helpful if/when you consult with a local attorney.
I suspect the 60-day "We Are Not Responsible" Policy you are referring to is one which is typical for businesses like repair shops, dry cleaners, or other places where you drop off your property to be serviced and picked up later on. These policies allow the business to dispose of items that people drop off and never pick up. However, if it was the repair shop's fault for not notifying you when the laptop was ready for you to pick up (if it ever was), the repair shop likely cannot take advantage of the "60-day" policy.
Of course, you should consult a local attorney to determine whether court action is advisable.
Answered on Aug 15th, 2011 at 12:43 PM