Legal Question in Civil Litigation in Colorado

I live in California and I rent a storage locker in Denver, CO. A friend in Denver had the keys and access card to the storage locker. I tried to contact my friend to have her send my keys and access card. After a month of no response I contacted the storage facility to have the access card deactivated. I let my friend know that the key was deactivated and she was not allowed to access the storage facility. She finally contacted me letting me know she had put property of hers in the storage locker. I explained to her that the next time I was in Denver (roughly a few weeks later) I would happily give her stuff. She decided to try access the storage facility with the deactivated access card. She then rented her own storage locked at the same facility only to access my locker to retrieve her property. Unfortunately she also took property belonging to me. I contacted The Denver Police Department and they explained to me that she committed burglary. I live out of state and would like to know if I can file a small claims suit against her? The property of mine that was taken are collectible and can no longer be purchased for the amount I paid for them. Can I sue for the replacement or current value, travel expenses, lose of work, and punitive damages? Can the storage facility be held liable for my loses since I contacted them in writing telling them "no one is allowed to have access to my locker and to contact me immediately if anyone tries to use the deactivated access card"?


Asked on 8/24/16, 2:58 pm

1 Answer from Attorneys
Stephen Harkess Colorado Legal Solutions

You could file a replevin action for return of your property. If the property is worth less than $7,500 you could file a small claims court case. You cannot recover travel expenses or lost wages. Punitive damages are possible, but rare. If you can establish a civil theft claim, you can seek three times the value of the property plus attorney fees and costs, but if you file in small claims court you will still be limited to $7,500.

You are unlikely to be able to successfully sue the storage facility. Whether you asked them to notify you or not, they don't have a duty to do so and it seems as if the actual access to your locker was obtained via a key you gave to your friend.

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Answered on 8/24/16, 3:48 pm


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