How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel-II Your Own Question
Samuel-II
Samuel-II, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27009
Experience:  Practice of law for 20 years
10707909
Type Your Consumer Protection Law Question Here...
Samuel-II is online now
A new question is answered every 9 seconds

How would a owner of a storage company put a lien against

Customer Question

How would a owner of a storage company put a lien against somebody personal property ? What is the procedure and process they would have to go through with the court system to get a lien on personal property in a storage unit?
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Samuel-II replied 7 months ago.
Hello​This is Samuel. I will need to have the state, please. Thank you
Customer: replied 7 months ago.
South carolina and north carolina.
Expert:  Samuel-II replied 7 months ago.
Thanks​Here is the SC Law in this regard. And so you can get the forms form the clerk of the court in the county where the storage is locate and file. The link provides all the other information on who to serve and how, etc -
Expert:  Samuel-II replied 7 months ago.
HERE is the NC Law - and the same would apply. You can get the documents to file from the clerk of the court in the county where the storage is locate.
Expert:  Samuel-II replied 7 months ago.
Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.
Customer: replied 7 months ago.
What exact part talks about personal property lien?
Expert:  Samuel-II replied 7 months ago.
For SC SECTION 39-20-45. Enforcement of lien.G) If the owner determines that the property in the storage space has a sale value of less than three hundred dollars, the owner, at the owner's sole discretion, may hold the property for sixty days from the date notice was provided pursuant to this section. If the occupant fails to claim the goods and pay the rent owed during that period, the owner may destroy or dispose of the property without further notice to occupant and occupant's debt shall be extinguished and the owner shall have no liability to the occupant or any other person for the personal property.(H) If the property upon which the lien is claimed is a motor vehicle or a watercraft and rent and other charges related to the property remain unpaid or unsatisfied for sixty days following the maturity of the obligation to pay rent, the lienor may have the property towed by a towing company licensed pursuant to law. If a motor vehicle is towed as authorized in this subsection, the lienor shall not be liable for the motor vehicle or any damages to the motor vehicle once the tower takes possession of the property.(I) If no one purchases the property at the public sale and if the owner has complied with the foregoing procedures, the owner may otherwise dispose of the property and shall notify the occupant of the action taken. Any sale or disposition of the personal property must be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored.(J) Before any sale or other disposition of personal property pursuant to this agreement, the occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred, and by that action redeem the personal property and after that the owner shall have no liability to any person with respect to the personal property. A partial payment of rent shall not satisfy the lien, stop or delay the owner's right to proceed with a sale or disposition of the occupant's property as provided in this section unless the owner agrees to the stop or delay in a writing signed by the owner.
Expert:  Samuel-II replied 7 months ago.
For NC all sections in Chapter 44A. Statutory Liens and Charges. Article 1. Possessory Liens on Personal Property
Customer: replied 7 months ago.
How does the storage company take out a lien against a tenant personal property if it is over $1000 of property, process and procedure to get the lien? ThiS WHAT WAS BEENING ASKED DO THE HAVE TO GO THROUGH THE COURT SYSTEM TO FILE A LIEN AIN THE COURT SYSTEM AND HOW WOULD THAT WORK?
Customer: replied 7 months ago.
12 May 2016 06:40
How does the storage company take out a lien against a tenant personal property if it is over $1000 of property, process and procedure to get the lien? ThiS WHAT WAS BEENING ASKED DO THE HAVE TO GO THROUGH THE COURT SYSTEM TO FILE A LIEN IN THE COURT SYSTEM AND HOW WOULD THAT WORK?
Customer: replied 7 months ago.
What do the storage owner have to supply as records to take out a lien against the tenant property.
Expert:  Samuel-II replied 7 months ago.
That is in the law - you will need to go to the clerk of the court and get the forms once the renter has been notified. There is an entire process that you have to read in the laws I provided.
Expert:  Samuel-II replied 7 months ago.
As you can see, you must first provide notice to the tenant and then you have time constraints you need to follow. It states, once you have provided the proper notice and there is no payment or response, the property is yours to dispose of as deemed necessary. You can auction it or sell it.
Expert:  Samuel-II replied 7 months ago.
Please take time to review the sections of the law I provided for you then if you have questions regarding any section of those laws, let me know. The process is clear cut and easy to understand.
Customer: replied 7 months ago.
So, if the owner of the storage company hasn't followed the rules for a lien or legal process ,what measure can you take and cannot produce records of any type.?
Expert:  Samuel-II replied 6 months ago.
If there is a "wrongful auction" or other disposition of the property a lawsuit to recover the value of the property would be the recourse. You can sue on your own. Depending on the value you might be able to sue in small claims court. In SC the limit is $7500 and in NC it is $10,000. If it is valued at more than that, then you will need to go to the next level court.I am not sure what you mean No Records. If you paid by check or credit card, you have records.
Customer: replied 6 months ago.
I am talking about the storage company that took over they have no billing records , they didn't make you aware of when they took over,they haven't even identified their self as a legit company just a multitude of things. Then on top of that they have went up on price without notification,doubled or maybe triple billing that they cannot explain or send you records of when. Doesn't respond to email. When they do email it is unsolicited and it has PHising attached to the email they sent.. They only accept cash or checks all type of funny stuff. PLease keep all matters of conversational about what I have been talking to your or future talks confidential.
Expert:  Samuel-II replied 6 months ago.
Ok. Well, that was not the premise of your original question. And with the new information you have added, it appears far afield from the original topic. Therefore, I am going to opt out and allow another professional to assist you with this. Thus far, however, I have provided you with the true and correct information you requested in your original post. Please do not respond here at this time and no rating is necessary as that will only delay another professional. Your deposit will remain on account with this website. Best of success to you in this matter.