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LADYLAWYER
LADYLAWYER, Lawyer
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Storage facility claims they sold my boat at auction. I had

Resolved Question:

Storage facility claims they sold my boat at auction. I had no idea as the Boat Repair shop on property was suppose to be selling boat motor parts from 2 boatmotors I left with him in the boat to pay for storage. He did sell some items but lately he had not so the storage facility sold the boat at auction. I was never notified for recieved any bills. I want to know if I have a valid case for "wrongful sale of property" In the state of Florida under the Storage laws of this state and how to find an attorney to take the case.
Submitted: 4 years ago.
Category: Legal
Expert:  LADYLAWYER replied 4 years ago.

Hello,

Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

 

If the storage facility believed you were not paying as agreed, they had to notify you of this and take certain steps before they sold your property. I am providing you with the applicable FL statute, below. To find an attorney to help you with this, please see http://www.martindale.com/. Please just let me know if you have any more questions. If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much!

 

83.806 Enforcement of lien. --An owner's lien as provided in s. 83.805 may be satisfied as follows:

(1) The tenant shall be notified by written notice delivered in person or by certified mail to the tenant's last known address and conspicuously posted at the self-service storage facility or on the self-contained storage unit.

(2) The notice shall include:

(a) An itemized statement of the owner's claim, showing the sum due at the time of the notice and the date when the sum became due.

(b) The same description, or a reasonably similar description, of the personal property as provided in the rental agreement.

(c) A demand for payment within a specified time not less than 14 days after delivery of the notice.

(d) A conspicuous statement that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale or other disposition and will be sold or otherwise disposed of at a specified time and place.

(e) The name, street address, and telephone number of the owner whom the tenant may contact to respond to the notice.

(3) Any notice given pursuant to this section shall be presumed delivered when it is deposited with the United States Postal Service, registered, and properly addressed with postage prepaid.

(4) After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for 2 consecutive weeks in a newspaper of general circulation in the area where the self-service storage facility or self-contained storage unit is located. Inasmuch as any sale may involve property of more than one tenant, a single advertisement may be used to dispose of property at any one sale.

Customer: replied 4 years ago.
I am aware of Florida Statute 83.806 and have read it fully. I don't think they did what they were suppose to do but what should they provide me about the sale of the boat and how much is owed after the sale? This would be more evidence. They should be able to provide me with the "Certified Letter" numbers on the supposed notice too? Can I legally ask them to provide me their audit trail before I hire an attorney? Should I have the Police show up to their place of business on Monday and file a stolen boat report?
Expert:  LADYLAWYER replied 4 years ago.

Hi,

 

No, the police will not do anything because they consider this a civil matter. Yes, you can demand that they provide you with the records of the sale, how much they received, how much you supposedly owed and what was left over, if anything. You can also ask for a copy of proof of the certified letter. Just make sure you do all this via your own letter that you send by certified mail. This way, if you need to, you can show the court that you made a good -faith effort to resolve this before even having to go to court. Be advised that the storage facility may not give you any records or may not provide you with the correct ones and in that case, you will have to move forward in court to get what you need. You can ask for a return of costs and legal fees if you have to do this. Depending on how much the boat was worth, what you owed and what it was sold for, you may be able to simply sue them in small claims court and then you would need no attorney at all. Here in FL, the small claims limit is 5K.

Customer: replied 4 years ago.

Am I mistaken in thinking part of the process was they were suppose to give me the records of the sale, how much they received, how much I supposedly owed and what was left over, if anything? I thought that was part of the procedure which I have not received that either. If they did not follow the procedures in the Florida Statutes this is a laydown is'nt it? (Just looking for your personal opinion.)

Expert:  LADYLAWYER replied 4 years ago.

Hi again,

 

Yes, you are mistaken about that to the extent that they only had to notify you if they had funds from the sale of the boat in excess of what you owed them. The statute provides:

 

"A notice of any balance shall be delivered by the owner to the tenant in person or by certified mail to the last known address of the tenant."

 

They did not have to provide you with the records of the sale, etc.

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