property being sold at auction
I had property at a storage facility under contract through the military. I called the place back in 2002 to ask if my military orders were still valid and was told yes. Now the storage company has contacted me after 3 years of items being there to tell me that they will place my items on auction unless I pay a set amount because my military orders are no longer valid and I am now responsible for the fees as opposed to the military. My question is Can I stop the storage company from auctioning my property, especially since this is the first notification that I have received in 3 years?
1 Answer from Attorneys
Re: property being sold at auction
I don't know what they have the right to do because I am not familiar with the military end of the deal...but I do know that you have to get to your local court and ask the clerk for assistance in filing an ORDER TO SHOW CAUSE why the storage facility should not be directed to maintain your property in storage while the matter is straightened out. That at least protects your property while the legal stuff is identified and sorted out. Most courts have a clerk who will help you to fill out the forms for the motion. I would bring you documents to the court and on a separate sheet of paper write down in chronological fashion what happened so they can follow...
1. You went to the storage facitility on (DATE) and spoke with NAME and provided them with the MILITARY WHATEVER...
2. NO BILLS DURING PENDANCY OF MILITARY WHATVER
3. GOT notice about auction (you should have that doc)
4. You want everything held while you sort out who is responsible...
Get it? THe court will submit the motion to a judge who MAY OR MAY NOT sign it...and if it is signed you have to serve it (deliver it) to the affected parties by the date the court clerk tells you...you have to file proof of service (delivery of the documents) with the court by a certain date and appear back in court on the return date of the motion. Your motion papers will contain copies of relevent documents, but you should be prepared to show the court why you think the storage facility should not be allowed to sell your stuff...the court may agree and sign the permanent order or do something else depending on the judge.
Related Questions & Answers
Garnishment Can I stop a garnishment without filing bankruptsy? Asked 2/17/04, 5:58 pm in United States Maryland Credit, Debt and Collections Law