Legal Question in Credit and Debt Law in Oregon

Re: property lien

First, I hope your storage contract, specifying the $40 per month rental rate was in writing. That helps you immensely. In the absence of a writing, there is always a risk of a "he said, she said" dispute.

Beyond that, it is difficult to understand why the person who was storing your trailer (in legal talk, a "bailee") believes their rights changed simply because you sold the trailer. Seems to me that one transaction is entirely independent from the other, and so long as you hold up your end of the original bargain by paying the $40 per month until the end of contract term, the bailee has no right to ask for additional rent, obtain a lien or do anything else. Furthermore, if the bailee takes any action which would negate your sale transaction or cause you economic harm in any other manner, I can postulate at least a couple different legal theories of liability that could be asserted against him or her.

The concern I have is that there has been no debit to your account for three months. I have difficulty accepting that this is news to you. At a minimum, this is something you should have noticed from your bank or credit card statements and dealt with. How would you respond to that question if asked? How was it that the auto-deduct simply stopped? Any nonpayment under your original contract could constitute a default under that agreement and give the bailee greater rights.

I hope this helps. Feel free to contact me should you wish to schedule a consultation. Otherwise, good luck dealing with this matter.