Legal Question in Credit and Debt Law in California

I got behind on my storage when I lost my job and home. Since getting my unemployment which aint much(228.00) I started making my payment plus a little extra to try and catch up with the balance, but they told me they cant exept it as it is a partial payment. I am trying to do what I can plus in good faith giving extra, but they are putting my storage unit up for auction April 8th 2010. Is there anything I can do, or is there any california laws that can protect me from them auctioning my stuff off. I mean my loan company for my truck is happy that I pay at least a quarter of my payment as they understand my situation. Please help!!!

Thank you


Asked on 3/16/10, 3:23 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

None of your creditors are required to accept anything but the full payment you agreed to make. I doubt that your truck loan company is "happy" to receive a quarter payment, but you did not ask about that so I won't comment on the problem being created there.

As for the storage unit, you need to find the money by April 8, 2010, or you will lose the items stored therein. California's warehouseman's laws are very clear - you lose the right to your stored items once you default on the payments for storage. Borrow the money from someone, cure the default and get everything out. They will generally not work out a "deal" because as soon as they open access to that unit, you will move everything out, stop paying them and they will not collect a dime. It's all about leverage, and while they have your possessions under lock and key, and threat of sale, my experience is that they will not make a deal or accept anything less than the full amount due.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/22/10, 9:32 am


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