Cana storage company auction off my furniture even if they never called/mailed me about late payments?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Cana storage company auction off my furniture even if they never called/mailed me about late payments?
My furniture is in storage. I received 2 notices, the last one stating they can auction off my furniture. However they used to call me before about late payments. This time I never received a phone call or letter in the mail. I don’t think it is right that they only emailed me. What if I don’t check the email?
Asked on July 16, 2011 under Bankruptcy Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You first need to carefully read your written contract that you have with your storage company as a start for answering your question assming you have a written agreement. Typical agreements on the subject spell out notice requirements for auctioning off contents within a storage locker if the tenant such as you fails to make the agreed upon monthly payments.
From your question and narrative, you apparently received notice of an intended auction of your contents stored for non-payment of rent. Perhaps now is the time to cure the problem and save your contents?
It is clear that the storage company believes it can auction off your furniture without calling or mailing you about its intent. Whether it can do so legally would be determined from your contract's terms.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.