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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
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Experience:  30 years of corporate, litigation and international law
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I am about out of time and need help tonight. Just drove from

Customer Question

I am about out of time and need help tonight. Just drove from Dallas Tx to Fort Lauderdale today to try and stop a wrongful sale of my motor coach. Had storage agreement with a company here in Broward county. Eight months later he sold the business to another individual who said she wanted to buy the coach. We made a deal with me owner financing. She started using the coach and I stoped storage fees. I clearly stated NO ANIMALS INSIDE COACH until I was fully paid. I went there March a yr ago only to find that not she, but 13 sick cats and 5 sick puppies were turned loose inside and the interior destroyed. She went bankrupt and now the property owner who I did not know existed wants a huge storage fee from me, has filed a storage lien and tomorrow is having a public auction to sell it. I only found out about it about 4 or 5 days ago. How can I stop the sale here in the last hours? Sale June 4th 11 AM. Has he broken rules for sale? Emergency Injunction? Somekind stop order?
Submitted: 5 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 5 years ago.

What I propose is that you seek a temporary restraining order on the basis that the former owner of the business did not have title to your coach and that while he might have a claim against her he has no claim against your property. He is a landlord and he can only claim against her property. You can seek a temporary restraining order if you seek a permanent injunction in your complaint and a preliminary injunction as part of your relief. I would hand write a complaint seeking return of your coach claiming that it is being unlawfully detained and that the landlord is attempting to foreclose on property in which he does not have an interest illegally. You will be required to post a bond. Seek a very low bond on the basis that the most that will happen if you are wrong is that there is a delay in foreclosing on the coach. An injunction can be had in any case where money damages cannot be an adequate remedy. You have no idea whether the landlord could pay for the replacement value of the coach and he is acting without authority. You can seek a temporary restraining order in any case where you have the right to a permanent injunction. It is not limited to domestic violence. You have to go to the main court in Florida not a family or small claims court.

 

Failing that go to the auction and make it clear that anyone that attempts to buy the coach will be buying a lawsuit as the landlord has not right to sell the coach.

 

This is not much but you will need to get an attorney ultimately. However, taking these actions may buy you some time and prevent immediate sale of the coach.

 

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8858
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks bizlaw. I appreciate your fast response. I would still like to know about the other things I mentioned in the question above that I posted. Whether he's doing it or not, Legally, is he supposed to have a judgement of forfiture entered and/or already have been awarded ownership by a judge and a title in his hand before he sells it?

Shouldn't I be allowed to get my personal belongings out of it regardless of my success in getting the coach back before the sale.

I would appreciate anyone else's answers or feedback on my situation.

Best regards,
Lin T
Expert:  Richard - Bizlaw replied 5 years ago.

I assume that the woman did not make all the payments for the coach. You would take the position that you still are the owner and that there was no storage obligation under the circumstances. The storage company has to foreclose on their lien for unpaid storage. That does require some type of sale in foreclosure which apparently has not happened. You will be contesting the validity of their lien on several grounds, (1) there was no storage obligation under your arrangement with the woman, (2) if they are now claiming storage that claim could only arise after they took over and not retroactively and they needed to notify you of the change which they did not do.

 

Since they have not had the foreclosure sale and there has been no change in title, you have a good position and should be able to frustrate their sale effort. You should also be allowed to get your personal property from the coach. Good luck.

 

Customer: replied 5 years ago.
Biz.. Mr. Law himself.   Thank you sir. A load has been lifted from my shoulders tonight and I wanted to just say thank you very much. A long story short, I took your answer last night and put it into my words in a complaint or petition or what ever it was seeking a perminent injunction and temporary restraining order to stop the sale and a preliminary injunction for my relief. I was commended by the clerks office for my file and asked if I has some law background. I was nervous a heck which I rarely am but many things were just not going as planed the past few days and I was this time because I knew we were just cutting it too close for comfort. I am proud to say that the clerk walked it up the the judge, she signed it, I got a copy for them and the sheriff which met me there and I did recover my coach today and I seriously owe it to you sir. I don't know who you are, but that last effort of mine to get on here one last time in regard to my problem and you finding it definately paid off this time. Once again I thank you and this site for being here to help those like me who at the time just could not afford to retain an attorney. WE WON....... Everyone likes a good success story and this certainly it one.
Thanks Again and Best Regards,
Lin T
Expert:  Richard - Bizlaw replied 5 years ago.
I am really glad I could be of help. YOur success has brightened my day. If I can be of help in the future please come back and ask for me.
Expert:  Richard - Bizlaw replied 5 years ago.

Could you please accept my answer so that I can be compensated. If you feel it was espcially helpful you could authorize a bonus. It would also be helpful if you gave feedback on your view of the answer.

 

My mistake you already accepted this. Again thanks.

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Richard - Bizlaw
Richard - Bizlaw
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30 years of corporate, litigation and international law