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Does the Texas Property Code - Section 72.101 Personal Property Presumed abandonded apply to a storage company. We have things in a storage facility and haven't paid. Lots of details but paid them 50% back in december and we have spoken every month and all was fine however they called this morning and told my wife they considered it abandoned and would be dumping over 1MM of our personal goods tomorrow. Out of work due to illness and this is a moving company, we intended to move and literally the day they loaded I was hit with a financial issue. I have found a way to pay but want to know my rights just in case.
Optional Information: Country relating to Question: United States State (if USA): Texas Already Tried: We speak every month. I have sent emails every 30 days, one challenge is did not see the issue coming and put all the paperwork in a box they have. The original bill was to be 6,000 for the move including delivery. They loaded it once and went to drop it off at a storage we paid for but at the last minute the owner demanded the 6,000. So they charged us even though they broke the agreement. Now we have 10,000 in storage and handling charges. I need to get my goods prior to taking action.
Texas Property Code Chapter 72 does not apply where the owner of property is known to the holder. Since the storage facility clearly knows who and where you are, Chapter 72 does not apply. The correct enforcement law is Texas Bus. & Comm. Code 7.209 - 7.210.If you want to stop the sale, then you would have to sue the warehouse, and simultaneously request something called "claim and delivery." This is a pretty sophisticated legal action, so you would almost certainly need a lawyer. For a reputable referral, see this link. Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
What they are doing is avoiding the process of the notices required to sell the goods. They had gone that process back in November and we paid them 8,000 and stopped a sale posted for December. This call came today, nothing in writing no posting and know how to reach me. They refuse to give me copies of billings and invoices. We speak monthly I tell them I am trying and that has been ok and then I get a frantic call this morning from my wife with this BS.
In order to stop the mover from dumping your property, you will need either a claim and delivery order from the court to have the sheriff seize all of the property pending resolution of the underlying legal dispute -- or, you could ask the court for a temporary restraining order to stop the mover, because otherwise you will suffer irreparable harm to your property. There is no inexpensive way out of your circumstance. You could pay for the storage charges and then move them on your own, or you can hire a lawyer and get an emergency order. If you don't, and the mover dumps your stuff, you can call the police/sheriff -- but, whether or not law enforcement is willing to treat the mover's actions as criminal mischief/vandalism is a "crap shoot." The only way to have any certainty in outcomes here is to get an attorney to run into court for an emergency order. Please understand that I have no interest in providing you with anything less than a completely satisfying answer. However, if the law does not favor your unique circumstances, then the best that I can do is to explain what the law "is" and what it "is not." Please let me know if I can clarify or assist you further. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
I understand your point and understand the position, frankly not looking for a easy or cheap answer. The very reason I spent today raising the money is as you said. They dump it we lose no matter what steps we take. I am not making decisions based on this interaction alone but my lawyer was in court all day and I have not been able to catch him.
You're right. Half of the judges and clerks and lawyers are probably taking the entire week off. However, you're also probably right that this is mostly a bit of legalized extortion, because movers are famously "connected" to organized crime (not that your mover is connected, but you know what I mean). Also, moving companies have extraordinary protections under federal law, if they are operating interstate, which gives them a sense of impunity that pervades everything they do. There are so many moving frauds, that it's practically legalized piracy.So, if you can show that you can pay, the movers will probably do nothing, because they want "de monet."Re the court, because of the value of the property, this is a District Court matter.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
Experience: Retired (mostly)
Yep, it is unbelievable that they can get away with but once we get our things out of their control we will deal with them. Whether legally or a investigative reporter approach, got one teed up but just will not do anything until I have the goods. I get the OC comment, former DEA SA and the game. They will be dealt with one way or the other.