# Buyer Purchased Logs/ won't call back for pick up



## FLtreeGuyVHTC (Jan 5, 2014)

So my buyer purchased logs from a job site, had me move them to my property. It's been 4 months and he won't call or text back. They are taking up a large part of my working area. What can I legally do?


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## windthrown (Jan 5, 2014)

Presuming he has paid for them, notify him that you will charge rent for storage if he does not pick them up. Then start charging him rent.


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## northmanlogging (Jan 5, 2014)

or notify him he has 90 days to remove or they will be sold as firewood, and you keep his money.


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## FLtreeGuyVHTC (Jan 5, 2014)

Here is the issue with rent. If I charge rent then he refuses to pay when he shows up then I hold the logs because storage fees were not paid then I'd have to hold them or it was an empty meaningless threat that makes me look stupid. I just want them gone so I can install the drainage, have room to install our foundation, and start bring the the others we have. I've got two to take down with no room to work with. One is 40" but was hit by lighting, healed over. If it's solid it will be real pretty wood. Other is similar but probably 35" 20 ft of no limbs.

As far as 90 days... We are at like 112 days or so with no response. I would rather not anger the guy. He usually keeps me pretty busy. But there is always another buyer.


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## hseII (Jan 5, 2014)

FLtreeGuyVHTC said:


> Here is the issue with rent. If I charge rent then he refuses to pay when he shows up then I hold the logs because storage fees were not paid then I'd have to hold them or it was an empty meaningless threat that makes me look stupid.
> 
> 
> As far as 90 days... We are at like 112 days or so with no response. I would rather not anger the guy. He usually keeps me pretty busy. But there is always another buyer.



Go See Him.

There could be a reasonable explanation for why he doesn't answer the number you have for him.

In Person is better than over the phone.


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## FLtreeGuyVHTC (Jan 5, 2014)

Not


hseII said:


> Go See Him.
> 
> There could be a reasonable explanation for why he doesn't answer the number you have for him.
> 
> In Person is better than over the phone.



Not possible. He travels all over the state...


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## NCSteveH (Jan 5, 2014)

Simple, find out where he lives and deliver them, drop them right in front of his garage door. Not returning calls for 3 months, somethings up, sounds like he is ducking someone.


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## FLtreeGuyVHTC (Jan 5, 2014)

NCSteveH said:


> Simple, find out where he lives and deliver them, drop them right in front of his garage door. Not returning calls for 3 months, somethings up, sounds like he is ducking someone.



Yeah I would feel better doing that then just send him a bill for moving them. I imagine the cold has him really busy. A lot of trees that were not accessible before are now


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## dieselfitter (Jan 5, 2014)

I had a guy storing something on my property. He paid for 6 months storage in advance and then disappeared. After 3 years and no reply to sent letters, I picked through his belongings(garbage) and scrapped the rest. That was 12 years ago. 
The plan has always been, if the clown show up wanting his stuff I'll explain I came home one day and it was gone. I figured he was the one who had come and taken it. At that point I will present him with an unpaid bill for storage. 
My advice, do what you want with the logs. You came home one day and they were gone.


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## FLtreeGuyVHTC (Jan 5, 2014)

Im going to give him till Friday to contact me. Im going to contact the office and other buyer he has. If no reply by Friday well I guess he really don't want them. Hard to believe that he doesn't want $2500 worth of logs.


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## lfnh (Jan 5, 2014)

FLtreeGuyVHTC said:


> Im going to give him till Friday to contact me. Im going to contact the office and other buyer he has. If no reply by Friday well I guess he really don't want them. Hard to believe that he doesn't want $2500 worth of logs.


 
Do these have anything to do with 40" walnut logs sold and moved back in Sept 
or is this something else ?


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## c5rulz (Jan 6, 2014)

lfnh said:


> Do these have anything to do with 40" walnut logs sold and moved back in Sept
> or is this something else ?


 

Great find


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## c5rulz (Jan 6, 2014)

FLtreeGuyVHTC said:


> Im going to give him till Friday to contact me. Im going to contact the office and other buyer he has. If no reply by Friday well I guess he really don't want them. Hard to believe that he doesn't want $2500 worth of logs.


 

Hmm... Are these the same logs? I quote:

http://www.arboristsite.com/community/threads/14ft-black-walnut-40-on-small-end.243442/page-2
So the verdict is in. $6564.90 for one tree. Would of been more he said but he left it as it sat instead of cutting it shorter. Its going as conference table tops. Ive never seen someones eyes get so big.


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## bitzer (Jan 6, 2014)

He paid for them already I assume? You've given him plenty of time. If they are not too stained or beat up, sell em to someone else. Maybe the guy is dead. Sounds like you are free and clear at this point.


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## FLtreeGuyVHTC (Jan 7, 2014)

I would hope not the guy is young. And no the big log was picked up in like October with a crane. I think the bodies are on Facebook but I'm not sure because of the size of the video


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## c5rulz (Jan 7, 2014)

FLtreeGuyVHTC said:


> I would hope not the guy is young. And no the big log was picked up in like October with a crane. I think the bodies are on Facebook but I'm not sure because of the size of the video


 

So did you get paid?

There must have been some $$$ tied up in the crane?


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## FLtreeGuyVHTC (Jan 8, 2014)

c5rulz said:


> So did you get paid?
> 
> There must have been some $$$ tied up in the crane?


The log in my profile pick is the big log. I was paid for it the same day it was moved and he paid for the crane. The issue is the logs that are on my property from a different site. I have two more like the profile pic


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## lfnh (Jan 8, 2014)

So, this buyer has shelled out 6565 and taken possession of those logs.
Then has bought 2500 logs and left these on your property, where there are blocking your day to day work ?
If this has happened inyears before with same buyer, work it out.
Otherwise, Evict the logs. 10 days.

I've seen crazier stuf then this.


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## FLtreeGuyVHTC (Jan 8, 2014)

Yeah, within a month or so. It's been 4 months. Friday is the deadline.... Then it's getting sold again


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## c5rulz (Jan 8, 2014)

FLtreeGuyVHTC said:


> The log in my profile pick is the big log. I was paid for it the same day it was moved and he paid for the crane. The issue is the logs that are on my property from a different site. I have two more like the profile pic


 

Congratulations on the sale. I was skeptical at first.


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## FLtreeGuyVHTC (Jan 8, 2014)

c5rulz said:


> Congratulations on the sale. I was skeptical at first.



Thanks. I've ran into a few more big ones that I won't feel bad about killing. Tree is probably 80ft talk and dropping nuts down on a back yard of a daycare. Sometimes I feel bad about cutting this massive trees


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## imagineero (Jan 9, 2014)

FLtreeGuyVHTC said:


> Thanks. I've ran into a few more big ones that I won't feel bad about killing. Tree is probably 80ft talk and dropping nuts down on a back yard of a daycare. Sometimes I feel bad about cutting this massive trees



That sure is a lot of talk.


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## FLtreeGuyVHTC (Jan 9, 2014)

imagineero said:


> That sure is a lot of talk.



Yes with pictures to back it up... I'm in an area with a lot of large walnut and I cover a large area. Most people have a friend that will take the wood and brush.


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## imagineero (Jan 9, 2014)

Even with pictures, it's still hard to believe 80ft talk.


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## FLtreeGuyVHTC (Jan 9, 2014)

From the ground to the tips is at least that.


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## jagchaser (Feb 4, 2014)

Don't know what to think of these 2 threads of yours, but.....

Here in Nebraska it would be goverened under the abandon personal property statutes. If you were to get rid of the logs without going thru the right process you could get your tit in a wringer. Here all it takes is no communication for 30 days, then post a 10 day notice on the personal property. Notice says that after 10 days you will sell the property if the value is over $250 (if its less than 250 then I have the right to get rid of it without a sale). Any proceeds go towards storage fees first, but then remainder goes to the state to hold in his name. 

Every state will have statutes about this, but Im sure they are all different. I am not an attorney, but I deal with enough tenants that I use these statutes often.


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## Marshy (Feb 4, 2014)

jagchaser has a good point, you might want to check with your atorney about the proper way to handel it if the guy is a no show after giving him till friday... He might suggest a formal letter sent certified mail telling the guy he has 10 days before the property is forfeited. I guess that the burden of being a responsible business owner.


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## jagchaser (Feb 4, 2014)

Here you go. FL statute 
Insert paragraph #2 A and not 2B because the value is over $500. Publish in a legal newspaper in your county if you don't have the guys address. Post the notice on the logs also. If he doesn't claim you will also have to publish a notice of sale in the paper.

REAL AND PERSONAL PROPERTY 
PROPERTY: GENERAL PROVISIONS
F.S. 715.106
715.106 Form of notice concerning abandoned property to owner other than former tenant.—
(1) A notice which is in substantially the following form given to a person who is not the former tenant and whom the landlord reasonably believes to be the owner of any of the abandoned personal property satisfies the requirements of s. 715.104:
Notice of Right to Reclaim Abandoned Property
To: (Name) 
(Address) 
When (name of former tenant) vacated the premises at (address of premises, including room or apartment number, if any) , the following personal property remained: (insert description of personal property) .
If you own any of this property, you may claim it at (address where property may be claimed) . Unless you pay the reasonable costs of storage and advertising, if any, and take possession of the property to which you are entitled, not later than (insert date not fewer than 10 days after notice is personally delivered or, if mailed, not fewer than 15 days after notice is deposited in the mail) , this property may be disposed of pursuant to s. 715.109.
(Insert here the statement required by subsection (2))
Dated: (Signature of landlord) 
(Type or print name of landlord) 
(Telephone number) 
(Address) 
(2) The notice set forth in subsection (1) shall also contain one of the following statements:
(a) “If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within 1 year after the county receives the money.”
(b) “Because this property is believed to be worth less than $500, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated above.”
History.—s. 11, ch. 83-151; s. 4, ch. 2001-179.


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## luckydozenfarm (Feb 4, 2014)

In Texas, all you have to do is have it hauled it off if you didn't want it on your property. If you wanted to claim it as your own then you would have to file a lien on it (for rent/storage due) at the courthouse. Texas has great non-consent property tow-removal laws. I used to work for a wrecker service and I know that's how its done with automobiles. I'm sure the law would pertain to any property if you checked.


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## lmbrman (Feb 4, 2014)

special rules apply to timber and forest products in WI, not sure about your state-


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## c5rulz (Feb 5, 2014)

lmbrman said:


> special rules apply to timber and forest products in WI, not sure about your state-


 

It's on the internet, it must be true.


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## lmbrman (Feb 5, 2014)

WI 26.0526.05 Timber theft. 26.05(1)(1) Definition. In this section, "raw forest products" means forest products not altered by a manufacturing process off the land from which they are taken and includes seedlings, saplings, shrubs, whole-tree chips, boughs, logs, pilings, posts, poles, cordwood products, pulpwood, fuel wood and Christmas trees. 26.05(2)(2) Consent of owner required. No person may cut, remove or transport raw forest products or direct the cutting, removal or transportation of raw forest products without the consent of the owner. Penalties to include 3times the value of the product in question.


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## lmbrman (Feb 5, 2014)

Thing is, most loggers around here spend thousands of dollars each week on fuel. Little money to an attorney to take the statutes and use them to their clients advantage would not be a noticeable cost.

Often we leave a partial load somewhere for months till we can top the load with another partial nearby. I hope you get this resolved without issue to either party. Not always possible though.

There was a situation in Clark county WI years back where a logger named Mark left some cordwood on a landing for over six months, several loads. Some guys dumped waste oil on the pile and burned it. That wienie roast cost them a lot of money. It might have cost more than money if Mark caught them himself, but they lucked out and dealt with the police instead.

-dave


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## jagchaser (Feb 6, 2014)

There may be some special exception for timber and forestry products in WI, but that paragraph was strictly about timber theft. If there is a contract that says timber must be removed before a specific date then abandon personal property statutes would start to kick in after that date. If there was no contract then the burden is on the owner of the land to inform the owner of the personal property that they have so long to get it moved. Legally notice can be served a few different ways, certified mail, personal service by a process server, publication, or others depending on state and circumstance. Text, email, Phone calls are NOT normally good enough.

They guy, Mark, who you quoted above was probably not served any notice before the fire.


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## lmbrman (Feb 6, 2014)

hehehehe, heck, Mark never found out his wood was burnt till he sent one of his truckers to pick it up. Wood was on county land and they told him to move it several times, then it's gone, a pile of ash. Mark sold plenty of 8' firewood and always let it dry on the landing, that time it didn't work for him. Or maybe it did- state prosecuted it as timber theft in order to triple the value for restitution purposes. Mark's story was included for a laugh.

Not going to argue about the statute and abandoned property law, you are certainly not wrong, but also not likely correct, especially if an if an attorney gets involved, or a timber friendly DA. The above is the definition of timber and forest products theft, to include removal without consent.Timber is the number one industry in WI dollars wise and many of the laws were written with the timber industry in mind years ago. There are attorneys who follow the law and some who utilise the law. One must make choices accordingly. If one looks at public buildings, roads, parks, etc here many are named after timber folks. That should speak for itself. In reference to the OP and his situation I don't know of any loggers around here that would move that wood for him without concern. The concern would be timber theft laws here. Other states vary so that may not apply where he is located. Just how things are here, that's all this dumb logger knows about.

I have to admit, I ddi not know that some forms of theft or removal of forest products now demand a penalty of 4X the value. Had a viewer point that out to me privately to keep this thread on topic.

If the wood could be treated as personal property it might help the OP. Timber and forest products can be personal property under some circumstances, but cannot under others. Attorney might be able to play that one. DA might help, but it could still come right back at the OP pending state laws there. I would start with the DA and take it as free advice. Free things are sometime OK, but sometimes you get what you pay for.

Just like the info here 

-dave


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## lmbrman (Feb 6, 2014)

Innocence and ignorance can get a guy around some stuff. Things can quietly happen. Not so much after posting on the internet.

loggers aint no ordinary dumbies


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## jagchaser (Feb 6, 2014)

I see where my misunderstanding was. A third party destroyed the wood on the landing, that absolutely makes it a criminal matter and not a civil matter. I assumed you meant the landowner burned the wood which would have been strictly civil.


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## lmbrman (Feb 6, 2014)

meh, no biggie, not sure who misunderstood, and the OP doesn't seem to care anymore so we shouldn't either-

it's all free here and that's what it's worth


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## jagchaser (Feb 6, 2014)

You got that right! If my advice was worth anything I would actually make money giving it!


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## gunny100 (Feb 17, 2014)

FLtreeGuyVHTC said:


> So my buyer purchased logs from a job site, had me move them to my property. It's been 4 months and he won't call or text back. They are taking up a large part of my working area. What can I legally do?


bring the logs to me in pa 
ill cut and burn them
if their free


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