Question from a reader:
I have a friend’s belongings that I’m holding, and I’m in trouble. A friend who moved a year ago asked me to keep their things for about two weeks while they returned to their family home. The items include two garbage bags full of clothes, bags, shoes, and about eight cooking knives, including suits, underwear, and a
keepsake from their grandmother. However, I haven’t heard from my friend since then, and my messages go unread. I don’t know their address or where their family home is, so I’m at a loss about what to do. Disposing of the items is also difficult, and I’m worried it might lead to trouble later since my friend was studying law. Consulting a lawyer is costly, so I’m struggling with what to do. Please help me.

What should I do with my friend’s belongings? Legal advice from a legal perspective

Hello everyone. Today, I want to address a somewhat heavy topic: “I’m holding a friend’s belongings, but I’m having trouble contacting them.” This is a problem that can surprisingly happen to any of us. I understand your feelings well because I’ve had similar experiences. In this blog, let’s think about how to deal with this situation while incorporating actual legal perspectives.

Basic legal knowledge about held items

First, the act of holding someone else’s belongings is legally considered a “deposit contract.” This is a contract where one person entrusts their belongings to another, who promises to manage them appropriately. This contract can be established verbally, so even if your friend’s request to hold their items was verbal, it is legally recognized as a deposit contract. Now, there is a concept called “duty of care” in deposit contracts, which means you have an obligation to manage the entrusted items responsibly. In other words, you are responsible for taking good care of your friend’s belongings. This is crucial because if something happens to the items, your friend may hold you accountable.

What to do when you can’t get in touch

Now, let’s get to the main point. What should you do when you lose contact with your friend? First, I suggest the following steps.

1. Leave a message

You mentioned that your messages go unread, but it’s important to leave a clear message once again. You could say something like, “I’m having trouble because I haven’t heard from you regarding the belongings I held in [Month, Year]. I would appreciate it if you could contact me as soon as possible.” This might prompt a response.

2. Keep evidence

I recommend keeping records of your messages and photos of the items you are holding to prove that you have your friend’s belongings. This is important to avoid future disputes. It’s crucial to have evidence in case your friend claims, “Those aren’t held items; they’re mine.”

3. Try to reach out again

If you still don’t hear back, consider reaching out through social media or mutual friends. They might know where your friend is, or perhaps your friend is caught up in some trouble. While expressing your concern, try to bring up the topic of the belongings as well.

4. Set a deadline

If you can’t get in touch, sending a message stating, “If I don’t hear from you by [date], I will have to dispose of the items,” can be a strategy. This might create a sense of urgency for your friend and prompt a response.

Points to consider when thinking about disposal

Now, even if you manage to get in touch, if your friend doesn’t retrieve their belongings or if the deadline passes without contact, you may need to consider disposal. Here, you should be cautious from a legal standpoint.

1. Laws regarding disposal of items

Disposing of the items you are holding without permission can be considered “tortious conduct” legally. Especially if the items include important belongings (like a keepsake from a grandmother), you should avoid disposing of them without consent. Therefore, if you consider disposal, you need to follow proper procedures.

2. Duty of storage and costs

As you are holding the items, you have a duty to store them properly. If this situation drags on, the costs and effort involved in storage will increase. If it’s difficult to keep the items until your friend returns, be sure to communicate this and consider disposal.

Seeking expert opinions is also a good option

Finally, when in doubt, consulting an expert is the best course of action. While consulting a lawyer can be costly, there are now online consultations and free consultations available. Explaining your situation in detail and receiving legal advice might be beneficial.

Conclusion

Deciding what to do with your friend’s belongings is not an easy problem. The situation of not being able to get in touch is very stressful, but it’s important to remain calm and follow appropriate procedures. Trying to reach out, keeping evidence, and consulting experts if necessary are the best strategies to avoid future troubles. I value my relationships with friends too, so these kinds of issues can be truly distressing. However, I sincerely hope you can understand your situation and find the best solution. Please handle this calmly and carefully.