Legal Question in Real Estate Law in California
Why the storage unit auctions set up in the middle month, instead of first day each month? (same thing like first day payment each month)? I cannot pull out my payroll check in the middle of each month, only once a month - last day of each month according to the California State law.
They put my unit on auction on Feb. 22nd 2011. They ignored me about I spoke them about I can pick up my payroll check on Feb 28th, 2011 and I can paid it off or buy my unit at the auction again.
They won't let buy it back.
This is NOT FAIR!!!
Should we sue them?
1 Answer from Attorneys
So, let me get this straight - you did not pay the storage unit fees, they put it up for auction and you want to sue them because they conduct the sale on the 22nd of February? You can sue anyone you want for anything you want. The real question is will you win. Unless they did not follow State law with respect to warehouseman's lien sales, you will very likely loose. There is no requirement on their part to do anything but collect the rent, and if not paid, provide the proper notices and sell the items in the storage unit. They have no obligation to wait for you to collect your paycheck, nor do they have to let you buy it back. It is fair - if you had paid according to your contract, you would not have the unit go to sale. If you could not afford the unit, you had the option to move property out before you defaulted. Sorry - there just doesn't, from the limited facts you provided, appear to be any basis for you suing the storage unit owner.
*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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."