Legal Question in Business Law in California
Personal Property Loss
U-Haul sold at Auction my property, valued over 80K, without notifying me. Different consideration as was not in lease agreement. The rental truck itself was reported stolen, u-haul reclaimed it, along with the entire contents of my house,..had it stored for me while under investigation/payment for truck rental fees.
5 Answers from Attorneys
Re: Personal Property Loss
The facts given suggest a possible cause of action (ground for lawsuit) for the tort of "conversion," which is the civil equivalent of theft. It appears that the renter of the truck had sufficient information to identify the owner of the contents of the truck and return the goods. Whether you were in arrears on paying for the rental will be an issue but I don't think it's controlling. A lawyer assessing your chances of winning would need copies of all rental agreements, police reports, correspondence and notices between the rental firm and yourself, and evidence of the value you claim for the truck contents, as well as a full and detailed narrative and time line.
Re: Personal Property Loss
IF they followed all the laws and rules, you're out of luck, and will only get the excess over their charges returned to you from the sale, if any. If they didn't, you have a claim and lawsuit against them. It only takes a little error to make them liable.
Get together all the documents and facts, demand copies from U-Haul of everything related to your rental and the sale, you're entitled to them. Feel free to contact me to discuss the facts once you're ready; I'll be happy to help you if there are grounds for suit.
Re: Personal Property Loss
Mr. Whipple and Mr. Nelson are correct. If you would like to speak with an attorney in San Diego, I am located downtown.
I would be willing to discuss your case to see how I may be of assistance.
I offer prospective clients an initial consultation of 30 minutes for free.
I look forward to speaking with you.
Yours truly,
Bryan
Bryan C. Becker, Esq.
Principal
Law Office of Bryan C. Becker
The Koll Center
501 W. Broadway, Suite 800
San Diego, CA 92101
Toll Free: 877*201*8728
Direct: 619*400*4929
Fax: 619*400*4810
Member, National Association of Consumer Advocates
www.naca.net
Re: Personal Property Loss
This is a straightforward matter. You are entitled to the reasonable value of your stuff that U-haul sold, less what you owe them (which in itself may be subject to dispute).
We are in the West Los Angeles area. You should retain an attorney that is located convenient to you to pursue this claim.
Re: Personal Property Loss
There are notice requirements to lawfully gain title. Absent proper 30 day notice U Haul is liable for your loss. Contact me directly.
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