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what would you do?


TKK

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so i went to get a haircut at place where i used to have a bulk machine, but that i sold in my bulk route. the tripple was empty. she said finally you guys came to fill it up. i said no im here for a haircut this machine was sold to a lady. she said she hasnt serviced it since july! it was making a solid $50-$60 a month in gumballs and pmm and skittles. anyways she said if i could take it. i said it wasnt mine but id find out whats going on. i called and she doesnt answer. then she told me that same lady put in a coke machine there, and serviced it for 2 months, and then hasnt since june. it looks in great shape. she wants it gone. she said do u know a place that will get rid of these, or anything? she said theyve been trying to contact the girl forever. and its taking up space that they can have seats in.

 

so im wondering, what can she do to remove them? i wouldnt mind having them either, she said u can have them if you take them, but i dont think thats legal. they dont belong to me. i was thinking of removing hers, and putting another triple in there. i dont do alot of bulk, all my bulk machines are in my full size locations and do well. ($400 a month for 5 machines). this place is 2 minutes from my home, so hey an extra $60 a month for a 5 minute service a month isnt bad.

 

what about the coke machine? she said she was gonna tell her brother to pick it up w friends and junk it somewhere. im sure it has cash too. if she lets me have it should i take it and how would i remove the lock? drill? dent puller? ive never done it before. and would i have to do a bill of sale or something to protect me??

 

heres some pics of the machine, too close to wall to see make and model.

 

 

B71ADFD1-orig_zps248dda49.jpg

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I run into this situation from time to time (but different than your situation) People ask me about removing bulk machines that are not being serviced and what to do. If it has been 6 months or better I will pick them up and do it this way. I type up an "invoice" showing that this person requested I pick up this abandoned property off their site for removal. It also states that I will store it for 60 days with the first 30 days free then $5.00 per day for the next 30 days. Then it goes on to say that after the 60 days the machine will be sold to recoup the cost of the storage fees. This is similar to what the towing industry does with cars on property that owners request to be moved.

 

You can decide how you want to write it. You may decide no free 30 days, etc.

 

With that said state laws vary when it comes to abandoned property and how it can be disposed of. So research your laws and decide based on that.

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How about picking up the machines, or leave them there if the location still wants them, with the intention that if the original owner ever shows up she can have them back.  In the meantime you operate them for free.  You can drill the soda lock and put your own in so at least the money won't disappear, because if she returns she won't have the key.  Make sure the salon owner has a letter to the effect of what your intention is and get the salon owner to sign the letter as well so she can't claim you came in and stole the machines. 

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Be careful you are very close to grand theft.

 

Actions taken in state #1 may be perfectly legal may be a felonies across the state line.

 

Personally I would want a letter from the locations owner asking me to remove the abandoned equipment from their property. And the return receipt from the register letter that informed the machines owner that he needed to pick up his property.

 

 

Walt  

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if someone took my machines i would prosecute them to the fullest extent of the law

even if i left them a few months, it is not the locations property in florida they have to hire

and investigator to find the owner in good faith before seizing the property. 

 

based on most of your posts i would bet you will just take the machines you dont seem to have much ethics

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dogcow, I understand your position but sometimes the owners of these machines havent been seen in 6 months to a year. These machines cause the locations problems because they are in the way, not being serviced, can look bad, etc. They want to get them out of their way and have limited options espically when it comes to the large machines like drink and snack. Bulk they could just move to a back room or something if they have that option. Like I said the towing industry runs into this all the time with people leaving cars "abonded" in parking lots, etc. I have had it happen to me on rental property we owned. I f all parties have made a good faith effort to contact the owner of the vening machines for 6 months or better then I dont have an issue with picking them up in the matter I do it.

 

With that said I have only done it a couple of times and one time the owner of the machines contacted the account and it was before the first 30 days I had them and I simply returned them to the location and then the owner picked them up after the location told them they could no longer leave them there.

 

Sometimes with small operators ( a handful of accounts) they may even die, divorce and move, put in prison, etc and the family members have no clue where these machines are and no one services them. The phone no longer works, no name or contact on the machine, etc so the locations need them out of their way.

 

Like I said in my first post I do so with the understanding from the location of the situation and like I said laws vary from state to state and each person put in this position will have to research what they can and can not do.

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dogcow, I understand your position but sometimes the owners of these machines havent been seen in 6 months to a year. These machines cause the locations problems because they are in the way, not being serviced, can look bad, etc. They want to get them out of their way and have limited options espically when it comes to the large machines like drink and snack. Bulk they could just move to a back room or something if they have that option. Like I said the towing industry runs into this all the time with people leaving cars "abonded" in parking lots, etc. I have had it happen to me on rental property we owned. I f all parties have made a good faith effort to contact the owner of the vening machines for 6 months or better then I dont have an issue with picking them up in the matter I do it.

With that said I have only done it a couple of times and one time the owner of the machines contacted the account and it was before the first 30 days I had them and I simply returned them to the location and then the owner picked them up after the location told them they could no longer leave them there.

Sometimes with small operators ( a handful of accounts) they may even die, divorce and move, put in prison, etc and the family members have no clue where these machines are and no one services them. The phone no longer works, no name or contact on the machine, etc so the locations need them out of their way.

Like I said in my first post I do so with the understanding from the location of the situation and like I said laws vary from state to state and each person put in this position will have to research what they can and can not do.

Does not matter if its abandoned or not, its not yours and you have no right to take it. Your right that the location has few options with large equipment but that is not my problem and I'm not going to make it my problem by taking something that is not mine.

If the location wants to remove or dispose of it, then it is up to them. Because it is in a building they own or lease they have a legitimate claim after whatever amount of time has passed that is required in that state. That said, even if they go through that process I still have no interest in taking someone else's machine.

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Mission, I understand and for some it is not really worth the hassle or their time or something they want to get involved with.  I try not to get involved in these situations but have helped people out a couple times that have been stuck with little options. I wouldnt advertise as offering this service or anything of that nature. I have never ended up with "free machines" in my situations the owner ended up with them back at no charge from me.

 

Like I said I can only compare it to someone in the towing business offering the service to pick up abandoned cars. Some towing operators may choose not to do it at all some may offer the service. In my situation when I had an abandoned car on some property it was a situation (before scrap prices got so high) they left it because they didnt want to pay to have it towed because the car was not worth the tow bill to them. They lived out of state and didnt want to pay to have the car fixed or towed. I had little options because I didnt want the car and needed it moved. The tow truck company picked it up kept it stored the required amount of time the parted it out for their fees.

 

Because vending operators have the equipment to move machines, storage, and general knowledge about how to handle machines I don’t see anything wrong with offering this service if it is handled in a law abiding and moral manner.

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dogcow, I understand your position but sometimes the owners of these machines havent been seen in 6 months to a year. These machines cause the locations problems because they are in the way, not being serviced, can look bad, etc. They want to get them out of their way and have limited options espically when it comes to the large machines like drink and snack. Bulk they could just move to a back room or something if they have that option. Like I said the towing industry runs into this all the time with people leaving cars "abonded" in parking lots, etc. I have had it happen to me on rental property we owned. I f all parties have made a good faith effort to contact the owner of the vening machines for 6 months or better then I dont have an issue with picking them up in the matter I do it.

With that said I have only done it a couple of times and one time the owner of the machines contacted the account and it was before the first 30 days I had them and I simply returned them to the location and then the owner picked them up after the location told them they could no longer leave them there.

Sometimes with small operators ( a handful of accounts) they may even die, divorce and move, put in prison, etc and the family members have no clue where these machines are and no one services them. The phone no longer works, no name or contact on the machine, etc so the locations need them out of their way.

Like I said in my first post I do so with the understanding from the location of the situation and like I said laws vary from state to state and each person put in this position will have to research what they can and can not do.

I know what ur saying and I've run into this also in fl the rules on siezing property require contacting a person who specializes in finding the owner, sending a certified letter,etc

Its not so simple as making a few calls and calling it a day

I've been offered to buy off equipment that was left etc I never mess with it not worth it, in the case where an old soda machine was in the way we moved it outsside by the dumpster

Sent from my T-Mobile myTouch Q using Tapatalk 2

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so i went to get a haircut at place where i used to have a bulk machine, but that i sold in my bulk route. the tripple was empty. she said finally you guys came to fill it up. i said no im here for a haircut this machine was sold to a lady. she said she hasnt serviced it since july! it was making a solid $50-$60 a month in gumballs and pmm and skittles. anyways she said if i could take it. i said it wasnt mine but id find out whats going on. i called and she doesnt answer. then she told me that same lady put in a coke machine there, and serviced it for 2 months, and then hasnt since june. it looks in great shape. she wants it gone. she said do u know a place that will get rid of these, or anything? she said theyve been trying to contact the girl forever. and its taking up space that they can have seats in.

 

so im wondering, what can she do to remove them? i wouldnt mind having them either, she said u can have them if you take them, but i dont think thats legal. they dont belong to me. i was thinking of removing hers, and putting another triple in there. i dont do alot of bulk, all my bulk machines are in my full size locations and do well. ($400 a month for 5 machines). this place is 2 minutes from my home, so hey an extra $60 a month for a 5 minute service a month isnt bad.

 

what about the coke machine? she said she was gonna tell her brother to pick it up w friends and junk it somewhere. im sure it has cash too. if she lets me have it should i take it and how would i remove the lock? drill? dent puller? ive never done it before. and would i have to do a bill of sale or something to protect me??

 

heres some pics of the machine, too close to wall to see make and model.

 

 

B71ADFD1-orig_zps248dda49.jpg

Find a new barber  ;D

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I dont really want it. I have too many machines right now. However she just wants it gone, and no one can remove it from her as they dont know how. I wouldnt mind helping them but If were talking about ethics, who the hell leaves a 700lb machine in a tiny waiting area. It takes up like 20% of their seating capacity. If I was the owner I would have junked it or sold it. Ethics, come pick up your Machine, if its my business or im leasing its my property, and its not like they just got tired of it. Its been there w no service for over 6 months and the girl doesnt answer. The right thing to do is to drill the lock, service it, add product, and store the miney for

I dont really want it. I have too many machines right now. However she just wants it gone, and no one can remove it from her as they dont know how. I wouldnt mind helping them but If were talking about ethics, who the hell leaves a 700lb machine in a tiny waiting area. It takes up like 20% of their seating capacity. If I was the owner I would have junked it or sold it. Ethics, come pick up your Machine, if its my business or im leasing its my property, and its not like they just got tired of it. Its been there w no service for over 6 months and the girl doesnt answer. The right thing to do is to drill the lock, service it, add product, and store the money for the girl incase she comes back. I really have no.sympathy for vendors who slack it. An emergency yeah, maybe. But also they told me this girl came in like a month after they stopped servicing, took the cash, and took off. The Lady told her to take them and she said I cant

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RJT does your pro book on vending contain a get out of jail free card?

 

I have been in this business a long time and have seen a lot of abandoned machines. Some folks just go broke and give up, some folks have medical issues, sometimes an untimely death leaves a family with financial hands tied due to probate issues. The possibilities are endless. Assuming that something you want should be "free for the taking" because it "doesn.t look like anyone cares" is a pretty thin disquise for what is just common theft.

 

The location does indeed have a problem. Let the location deal with it.

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RJT does your pro book on vending contain a get out of jail free card?

 

I have been in this business a long time and have seen a lot of abandoned machines. Some folks just go broke and give up, some folks have medical issues, sometimes an untimely death leaves a family with financial hands tied due to probate issues. The possibilities are endless. Assuming that something you want should be "free for the taking" because it "doesn.t look like anyone cares" is a pretty thin disquise for what is just common theft.

 

The location does indeed have a problem. Let the location deal with it.

 

I guess you missed my saying in multiple post in many different ways ONLY do it if it is LAWFUL. My last post I said "Because vending operators have the equipment to move machines, storage, and general knowledge about how to handle machines I don’t see anything wrong with offering this service if it is handled in a law abiding and moral manner. I have said check you local laws from my first post forward."

 

I also never said anything about "something I wanted or "free for the taking". This started as discussion as a person having a difficult situation and about a vendor asking how they could help that person. This is not a conversation about stealing, doing unmoral things such as theft. I simply gave advice on some options to consider if he decided to get involved.

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I guess you also missed my post about the time I moved a machine for one of my accounts and then the owner finally came forward after a few weeks and I took it back to him free of charge. He was not mad and appologized to the account for not servicing it.

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I missed nothing.

 

 

Then I am a little confused by your statement to me. If that is the case and you didn’t miss anything you would realize that no need for a "get out of jail card" because I didn’t condone "theft" in the first place. I offered up one solution for the original poster to pursue if they choose to go that route with the understanding that laws vary from state to state and to research and use their best judgment.

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You guys need to relax w rjt.... I have never seen his book or anything. He has given some solid advice. You need to.know what works for YOU. Dont expect a book to tell u everything. If your an intelligent person you can point out things that dont make sense to you and just go about your business. Hes not implying theft, and even if he was it doesnt mean I would do it just because he wrote a book. I simply ask for advice, good or bad, then its up to me to decide.

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Ok, here's my thoughts on the situation....  

 

This is a civil issue, and not a criminal one.  The owner of the property (or business owner, etc)should send a registered letter to the vendor advising them that the machine needs to be picked up in a reasonable amount of time, and after that time, storage charges will be accrued.  After a certain time, the property will be considered abandoned and the property owner can do with it what they please.

 

I believe in California, the time limit is 18 days of storage, then it's considered abandoned.  Call your local courthouse (civil division) and they will be able to give you the required time limits.

 

It will NOT be theft if the thing is moved somewhere else for storage/safekeeping reasons only.  The law is very clear on this:  There must be an INTENT to permanently deprive the rightful owner to be considered theft.  In this case, there is no intent to deprive...  in fact, the intent is to have the owner pick the thing up in a reasonable amount of time.  It COULD be considered theft if no notice (or at least an honest attempt) to the owner is made and the person taking possession of the machine has knowledge that notice was not given (theft by false pretenses).  If the person taking possession believes proper notice was given, the property owner would be civilly liable for the cost of the machine...  but it still would probably not be theft at this point on the part of the property owner, because of the fiduciary relationship between the parties (my machine at your business=relationship).....

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Ok, here's my thoughts on the situation....  

 

This is a civil issue, and not a criminal one.  The owner of the property (or business owner, etc)should send a registered letter to the vendor advising them that the machine needs to be picked up in a reasonable amount of time, and after that time, storage charges will be accrued.  After a certain time, the property will be considered abandoned and the property owner can do with it what they please.

 

I believe in California, the time limit is 18 days of storage, then it's considered abandoned.  Call your local courthouse (civil division) and they will be able to give you the required time limits.

 

It will NOT be theft if the thing is moved somewhere else for storage/safekeeping reasons only.  The law is very clear on this:  There must be an INTENT to permanently deprive the rightful owner to be considered theft.  In this case, there is no intent to deprive...  in fact, the intent is to have the owner pick the thing up in a reasonable amount of time.  It COULD be considered theft if no notice (or at least an honest attempt) to the owner is made and the person taking possession of the machine has knowledge that notice was not given (theft by false pretenses).  If the person taking possession believes proper notice was given, the property owner would be civilly liable for the cost of the machine...  but it still would probably not be theft at this point on the part of the property owner, because of the fiduciary relationship between the parties (my machine at your business=relationship).....

 

 

I like this response the best.... Possession is 9/10 of the law... The property owner has all the legal rights on his side. I might add a person could also put a ad in the classifieds of a local newspaper if the owner hasn't left  good contact information on the vendor. If the owner has died then the next of kin might see it and contact the business. Also it will serve as a lawful attempt to locate the owner. 

 

Best thing is to put it in the back if space is available and forget it. The property owner can then do what ever they decide to do.  

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