Legal Question in Business Law in Illinois
Storage
Hi I own an Automotive Business. On August 12,2006 I recieved a vehicle that needed repair work done.The customer asked me if they could leave it till 8/14/2006 so they could pick up their parts to have it repaired.8/14/2006 nothing my husband tried calling the number given and it was disconnected.On 9/9/2006 I finally recieved a phone call fromt the customer.He told me that I guess noone has told you what is going on.I told him we tried to conact hima dnt eh number was disconnected. He said really I am calling from that number now.I told him that they never picked up the vehicle or brought the parts in on 8/14/2006.i told hime that there were storages charges on this vehicle from 8/15/2006 till pickup at $15.00 a day.He said I guess I will have to do something about that.On 9/30/2006 I finally hear from them again.They state they are coming to pick vehicle up.About an hour later they show up with the cops.The cops told me I couldn't hold the vehicle for storage charges and that would be considered theft.So I had to give vehicle to them.This vehilce sat in my building 50 days.I told them the first 3 were free as they stated they were going to bring parts in for the vehicle.There are charges for the other 47 days.What can we do.
1 Answer from Attorneys
Re: Storage
This issue is covered under the Illinois Labor and Storage Lien (Small Amount) Act. If you were in compliance with the act, you should have been able to retain possession of the auto until you were paid. I am very surprised to hear the police officers were not familiar that law and even more surprised that the police would show up before the owner had even asked for the car. Very unusual.
At this point, since you don't have possession, about the best you can do is file a small claim action. However, if you have nothing in writing stating that there was to be a $15 per day storage charge, you may have difficulty establishing that they owe you the amount you claim. The burden of proof is on you. Even if you do have adequate proof, you have to question whether going to court to recover the amount is worth your time and effort.
In the future, you should make sure that the storage charge is clearly stated up front and keep a copy of the the Illinois Labor and Storage Lien (Small Amount) Act handy to show to any police officer who tries to make you turn over property on which you have a valid lien.
David Staub, an Illlinois business attorney
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