What is the law regarding auctioning off my personal stored in a public storage facility for being 3 months late on payment?

UPDATED: Jan 11, 2011

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What is the law regarding auctioning off my personal stored in a public storage facility for being 3 months late on payment?

My husband and I have been out of work since September it is now January. When he was working his employer was behind on his pay. His employer laid him off owing him $40,000 in back pay. He is currently in a suit at the labor board and should the hear outcome any day. We have no income but can’t collect unemployment since my husband was an independent contractor. We have no children so we can’t receive help from the state. We are late on our rent andcar payment. The storage company said that we have to pay the balance to stop lien/auction. We can try to get money to make 1 or 2 months worth of payments but we owe for 3 months ($710). We haven’t received anything in writing yet. How can we stop it?

Asked on January 11, 2011 under General Practice, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation. Take your rental contract with you to legal aid and ask them for help in filing an injunction to restrain the storage facility from auctioning your belongings until such time as the lawsuit with the labor board is determined or settled and allowing you to make a good faith payment to the storage facility in the amount of one month's rent at this time.  As you know your agreement is a binding contract and your rights and obligations are included within the pages of the document that you signed.  So read it - or have it read - very carefully.  Good luck to you.

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.

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