Can I be legally sued for a past due amount on a storage unit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be legally sued for a past due amount on a storage unit?
I had a car in storage starting 8 years ago and stopped paying 6 years ago because I was overseas for so long and didn’t plan on returning for several more years. I was contacted by the company and told them I no longer wanted the car and to get rid of it. Now 6 years after I stopped paying they contact me again asking me to come and get it or send paperwork stating I no longer wanted it. I checked state law and I don’t know why they have held it so long without payment of any kind. I no longer have my agreement either since I thought this was a settled issue.
Asked on July 24, 2012 under Bankruptcy Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you can be sued on a past due amount, even if the creditor had not contacted you for years. However, it may be too late for the creditor to act in this case. You indicate that you stopped paying 6 years. The statute of limitations, or time to sue, for breach of a written contract (such as the agreement governing use of the storage unit) is only 5 years in FL. That time period runs from when you breached the contract. If you breached it more than 5 years ago--especially if you clearly indicated at that time you had no intention of paying or of using the unit (so they cannot somehow claim that they had been holding the car but deferring billing on your instructions), it should be too late for them to take legal action against you or to force you to pay any past due amounts.
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.