Legal Question in Civil Litigation in California
Forfeiture of property due to non-payment of storage fees
I have personal property in Storage in California, overdue rent, can't pay. They are going to sell/auction items to pay overdue fees ($1,100) Am i entitled to any proceeds in excess of what is owed Storage company?
2 Answers from Attorneys
Re: Forfeiture of property due to non-payment of storage fees
Theoretically yes, but don't hold your breath. Sorry this is happening to you.
Re: Forfeiture of property due to non-payment of storage fees
Yes.
You are entitled to proper notification of the auction, and a chance to redeem your balance. The auction needs to be conducted in a fair manner (they usually are if this is one of the big self-storage places).
The funds are used to cover the cost of the auction, then the past due balance. Any excess funds need to be returned to you. Again, if this is a legitimate place and there are any excess funds they will be paid to you.
You can send them a letter confirming your current address in order for them to forward excess funds. The flip side of this is that they will know where to find you if there is a deficiency.
Otherwise, you could hire me to monitor the sale for you. Sometimes they make an actionable mistake. email me if you are interested, and we can determine if it makes any sense.
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