Q: I am in the framing business. How long do we have to keep completed orders that haven't been picked up?
We have completed orders that have been in our shop for awhile. We have called and left message several times and have gotten no response. Some of them have said they would be in to pick up but have never been in . We have orders that have been done for over 10 years and some that the phone number is no longer good. How long are we responsible for the artwork and how do we get rid of them legally so no one can come back after us. Some have deposits, some are paid in full and others have no deposits at all . On The bottom of our invoice it states that order not pick up after 1 year of due dates are considered abandoned and become our property, but we don't keep a signed copy of these. How do we legally get rid of these abandoned artwork (give to charity )
A:
When you said you were in the "framing business," I assumed you meant house framing. I now understand that you frame works of art. I think that, because you have a disclaimer at the end of your invoices as to the length of time you must hold onto those invoices (and/or the artwork), you should make one last call to each of your clients that are either owed money or owe you money. Give them two weeks to respond. If they don't, I would donate the art to a charity. Depending on many pieces we are talking about, you could even hold your own mini-auction.
I, myself, have 50 pieces of art that I have collected over the last 20 years, that I can't seem to sell. I spent about $100,000 on these works of art, but I guess many of them are outdated. They are mostly in a storage unit. I am about ready to give away the artwork. If you are interested, maybe we could work something out (I live in Palm Springs). Do you also repair art, or do you limit yourself to framing? I have a couple of works that need some small repairs. I think Pasadena is good place for artists and artwork (and framers), but the Desert area is very snobbish. I would like to get rid of my art one way or another, without losing all of the money I put into it.
I know it is unusual that an attorney is asking you for advice, but maybe we can help each other. Let me know if you are interested. Either way, I hope my advice will help out your situation. My phone no. is 760 327-7447. Good Luck.
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