what kind of attorney would handle loss of belongings at storage auction

by Prof. Anais Hermann 5 min read

What happens when a storage locker is auctioned off?

Storage locker auctions are typically held when a person has failed to pay for the use of a storage locker. Self-storage companies might respond by refusing to allow the person access to the ...

How do self storage companies respond to personal property lawsuits?

Dec 20, 2016 · The responsibility is primarily on the tenant to make their payments and ensure that their contact information remains current. The best way to avoid a lien sale is to choose a storage facility you trust. Read their reviews, ask them how they would handle a late payment before signing up with them and placing your belongings in their storage unit.

Can a Self Storage Company auction your property without your knowledge?

Sep 10, 2013 · September 10 2013 - by Lucy Campbell. Los Angeles, CA: People across the US are filing lawsuits against self-storage companies which unlawfully seize the contents of their storage lockers and auction them off, often at a huge profit to those companies and without the content owners' knowledge. This is known as "Conversion,"a common law tort, and it is a …

Is it illegal for a storage facility to auction items?

Sep 01, 2010 · Probate Attorney in New York, NY. 4.7916666666667 stars. 24 reviews. Licensed for 35 years. AVVO RATING 9.4. 28731EB2-58E3-4EAD-9AF7-03A80A94D0EF. 8-year Top Contributor. Michael S. Haber’s Avvo Top Contributor Badges. 8 badges, most recent is in 2019.

How long does a storage unit have to be abandoned in Florida?

Section 83.8055 of the Florida Statutes states that upon a tenant's failure to pay the rent when its due, the owner may deny the tenant access to the tenant personal property located in the self service storage facility, without notice, and after 5 days from the date the rent is due.Oct 3, 2018

When can a storage unit be auctioned off in California?

When Can a Storage Unit Be Auctioned off? In most states, tenants have between 30 to 90 days past due to pay the full amount of the dues they owe to the storage facility to avoid their unit being auctioned off.Apr 5, 2021

What happens to your stuff in storage if you don't pay?

Your Storage Unit Will Go Into Default To put it simply, this is the maximum amount of days that you can go without paying rent before things start to get real. It's usually about 30 days. Once you're in default, you'll be locked out of the property and out of your unit.Jun 27, 2016

How do I protect my belongings in storage?

How to Keep Your Items Safe While in StorageChoose a Safe, Secure Storage Facility. ... Opt for Climate-Controlled Storage. ... Find Out if You're Insured. ... Pack Small Items in Boxes. ... Prepare Furniture & Appliances Properly. ... Keep a Record of Stored Items. ... Keep Up with Storage Payments. ... Rent a Storage Unit Near Washington, DC.

Can I abandon my storage unit?

Self-storage delinquencies can also be resolved through voluntary property abandonment. There'll be times when the tenant can't pay rent and decides it's no longer important to hold on to the stored items. In such case, in lieu of a move-out or lien foreclosure, the tenant can abandon the property to the operator.Nov 9, 2021

How do I evict a tenant in California?

Under the terms of the California Self-Service Storage Facility Act, when rent remains unpaid for 14 consecutive days, the owner may terminate the occupant's right to use the storage space by sending a notice of termination.Jul 29, 2013

Do storage facilities report to credit bureaus?

Traditionally, storage units can only hurt your credit if you stop paying your bills. If you don't pay your storage bills, eventually you will go to collections. This will be reported on your credit report and your credit score will go down.Mar 4, 2019

Can you live in a storage unit?

Can You Live in a Storage Unit? No. Living in a storage unit is prohibited by various local and federal housing laws. Storage facilities must evict any person they find living on the premises to comply with the law and most insurance policies.Mar 26, 2021

Do things get damaged in storage units?

A storage unit might seem like the ideal solution to stow away the family heirlooms you don't have room for. But it's important to keep in mind that because storage units typically don't have heat or air conditioning, whatever you store in them can be damaged by extreme temperatures.Oct 10, 2018

What is the best way to store items in a storage unit?

How to Store Things in a Storage UnitChoose the Right Storage Unit. ... Clean Your Belongings Before Storing. ... Gather Your Packing Materials and Use Uniform Box Sizes. ... Take an Inventory of Your Items. ... Take Everything Apart. ... Wrap Fragile Items. ... Pack Categorically and Always Label Your Boxes.More items...•Sep 6, 2018

What shouldn't you put in a storage unit?

What you can't put in a storage unitFood.Hazardous materials.Stolen and illegal goods.Weapons and ammunition.Living items (and dead ones)Wet items.Priceless and irreplaceable items.Money.More items...•Jun 7, 2021

What to do if you have a similar injury?

If you or a loved one has suffered similar damages or injuries, please fill in our form on the right and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.

What is conversion in storage?

This is known as "Conversion,"a common law tort, and it is a voluntary act by one person inconsistent with the ownership rights of another. When applied to storage lockers, or self-storage facilities, the act of conversion can include anything from 'denial of access' to 'wrongful auction.'. Consumers are protected from such violations ...

1 attorney answer

When a person or entity undertakes to keep, for a time, personal property of another, it is called a "bailment." Examples of bailments are parking lots, coat checks, and, of course, storage facilities.

Michael S. Haber

When a person or entity undertakes to keep, for a time, personal property of another, it is called a "bailment." Examples of bailments are parking lots, coat checks, and, of course, storage facilities.

What is the duty of an auctioneer?

The duty of an auctioneer generally includes, but is not limited to, the notification as to whether or not a right to bid is reserved by or on behalf of the seller. An auctioneer, by selling property for another at an auction, is the agent of the seller.

What is a lien on a property sold at auction?

The vendor of property sold at an auction for cash is entitled to a lien to secure the payment of the purchase price from such a sale. The vendee is not entitled to possession of the purchased good unless and until payment is made to the vendor. In Morgan v. East, 126 Ind. 42 (Ind. 1890), the court stated that the title of property purchased at a public sale pursuant to a published notice on the terms proposed does not completely pass until the terms of the sale have been duly complied with by the purchaser. This rule applies to one who actively takes part in conducting the sale.

What is an auction?

An auction is a form of sale. In an auction, property is publicly put up for sale. An auction has a seller and a varying number of prospective buyers. Thus, an auction can be defined as “the public sale of a property to the highest bidder.”.

Who pays the bid price in an auction?

Where real property is the subject of an auction, then payment of bid must be made to the seller, unless the terms of the auction sale provide otherwise.

What is reserve auction?

In an auction held with reserve, the owner reserves the right not to sell the property. Here, an auctioneer’s bringing a piece of property up for bid is an invitation to make a contract, and is not an offer to contract. Before the highest bid is accepted, a seller can withdraw the property from the auction.

Is auction a legitimate business?

The Role of State and Federal Law: Conducting auctions is a legitimate business that cannot be prohibited directly or indirectly. The selling of merchandise at auction and the occupation of auctioneer are legitimate, lawful, and useful.

What is an English auction?

The English auction is the most common form of auction in use today and is commonly used for selling antiques, artworks as well as real estate. The Auctioneer. A seller can employ another on his behalf to conduct the sale.

2 attorney answers

Here is an outline and a web site where you can determine if your rights were violated.#N#Sec. 42-160. Owner's lien upon defaulting occupant's property. The owner of a self-service storage facility shall have a lien upon all personal property located at such...

Brian J Ladouceur JR

Depending on your rental agreement, and if the actual cash value of the sold property is large enough, you may have a wrongful-sale lawsuit and might find it helpful to consult with an attorney.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

Why do people hire moving companies?

Moving homes can often be a stressful experience. Some people choose to contract a professional moving company in order to make the process easier. A few reasons why some people hire a moving company include: 1 Peace of mind that the movers know how to best handle your belongings and keep them safe; 2 Assurance and dependability that the movers will be reliable, whereas relying on friends and family to help during a move can be troublesome; 3 Assurance of a specific date and time in which your belongings will arrive to their destination, as most moving companies pride themselves on providing prompt and professional services; or 4 An efficient solution for handling heavy or bulky items.

Can you sue a moving company?

You may be able to sue the moving company after filing a claim with the company itself. You will need to prove that the moving company initially received your property in good condition; the goods were damaged upon delivery, or not delivered at all; and, the amount of damages are measurable.