Legal Question in Credit and Debt Law in Virginia

How would the Storage Unit law apply to me

My question is this I recently was told that the storage unit law that Virginia has may be applied in my case I have a storage unit that I have been paying for the past 6 months and the unit is in my name. My main question is under this law can I legally sell the contents of the stuff in the unit? A family members stuff is in the unit and they owe me a great deal of money and I am now tired of paying this bill and I want to know can I sell the items in there to try and recoup what I have spent over the last 6 months? OR do I have to wait and go to court over this matter? One of things that this person did was they had posted a ad on craigslist using my e-mail address and my husbands name to try and sell stuff in the unit in question. But I was told that is fraud is that the case and if so can I sell the items in there without giving this person further notice seeing I have given them 6 months to pay?


Asked on 12/02/08, 1:22 pm

1 Answer from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: How would the Storage Unit law apply to me

If you fall within this law, and have a lien on the goods, then you would need to follow the procedure therein for enforceing the lien. In general, it is necessary to: give written notice of the default, the lien, an itemized statement, and that the goods may be sold. If the amount is not paid within 10 days, you may sell the goods at public auction, for cash, with any surplus being paid to the debtor. You should follow this law in enforceing the lien, rather than try to sell the goods on your own without the proper notice, auction, etc. The fact that they committed fraud would not relieve you from following this law, but might rather give you a separate legal action against them.

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Answered on 12/02/08, 4:51 pm


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