Legal Question in Landlord & Tenant Law in California

Use Storage Lien-Sale to Recoup Own Possessions?

My girlfriend & I share a self-storage unit rental on which she's paid the rent for what's mostly my possessions. She wants a divorce. She hasn't paid the rent in 4 months and is willing to let them lien sale-off our stuff to satisfy the bill. I want to regain my possessions (sale value $200, perosnal value $500) though they aren't worth the $1,200 facility demands.

1) What would be my best strategy?

What offer in compromise should they accept? Or would I be better-off endeavoring to bid for my own goods back at lien-sale? Would I be permitted to bid & win? Can facility pursue additional collection for the balance above what auction nets? What are the chances they'd gain a judgment?

I'd bet that many people encounter this question and would love to hear an expert in this area. Thank you for advising here!


Asked on 8/13/07, 5:24 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Use Storage Lien-Sale to Recoup Own Possessions?

How can you get a divorce from your girlfriend? Are you married, or not? I have hear strange questions before, but this one takes the cake.

You obviously have defaulted on your rent.

I am sure the facility is demanding past due, plus attorney fees, and court costs and it is legal.

If everything has gone this far, there is probably nothing you can do except negotiate with the creditor, and/or the creditor's attorney.

They will pursue all avenues of collecting a deficiency judgment, and they already have a judgment. They will attach your wages, bank account(s), real property, vehicle(s), etc.

See if you can work out some kind of deal at this late date. Next time seek advice earlier before everything "hits the fan".

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Answered on 8/13/07, 7:09 pm


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