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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6423
Experience:  20 years experience as a civil trial and appellate lawyer
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I charged a customer 10 a day to park at my parking

Customer Question

I charged a customer 10 a day to park at my parking facility. He brought his vehicle back the next week and never paid me for the parking. Two years later I still have the trailer. The tag is an Indiana tag. I know how to file abandonments in Georgia with Ga tags or vehicles without tags period. I cant pull a vehicle search in Ga because the tag is from Indiana. A customer found a registration tag which has the info for the owner. How can I file the abandonment?
JA: Can you tell me what state this is in? And do you know who owns the lot?
Customer: I am the lessee of the lot. I am located in Ga. The tag is Indiana.
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Legal
Expert:  Irwin Law replied 1 month ago.

DID YOU GIVE THE CUSTOMER ANY KIND OF RECEIPT or other document which established the daily charge and stated any kind of terms for the space rental? Have you tried to contact the owner using the information that you obtained from the Indiana tag?

Customer: replied 1 month ago.
No to first question. I did not contact them because if they have not already done so I don't want to prompt them to file a stolen report which may negate my ability to collect anything .
Expert:  Irwin Law replied 1 month ago.

There is a common myth that a person can charge an owner's storage for personal property that has been abandoned in their possession. Licensed storage facilities are the only ones (except self-storage) who can sell a person's property for storage charges. All you can do is lock it down so they can't come and get it at 3 a.m. and hope they eventually show up to claim it. I know that people claim lien rights and sell someones property all the time, and think it's legal. But it isn't, so be aware of the risks involved.

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Customer: replied 1 month ago.
If you look at 40-11-9 of Georgia Code you will see that there is nothing that requires a place to be a licensed storage. In fact there isn't a license other than business license required to have a parking facility. I have gotten numerous abandonments done which have all been signed by the
magistrate judge. To tow and store them is overseen by the Georgia department of public safety but even then there isn't a "license" required. Please forward the code of law that supports your comments.
Expert:  Irwin Law replied 1 month ago.

That statute might not apply exactly to your situation of an abandoned trailer. I will opt out to see if anyone else has any ideas for you.

Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 1 month ago.

If I were going to do this as an attorney, this is what I would do to get the most effective resolution. I would use the last know address information for the owner to set him up for an breach of contract, breach of bailment, and/or abandonment claim. First, send out a letter via certified mail, return receipt to that address informing the owner that he has 30 days from the date of receipt to come pick up the trailer in exchange for paying an accrued storage fee of $XYZ; and that if he fails to pay the fee and come pick up the trailer, it will be considered abandoned property and you will dispose of it as provided for under the law.


Expert:  Maverick replied 1 month ago.

Assuming that the letter is ignored or comes back undelivered, you can then file a suit against the owner under one or more of the claims I mentioned. You will then try to serve the suit on the owner at the last known address. If that fails, you ask the court for permission to serve the suit by publication in a newspaper. If the owner fails to respond, you will win by default and you can ask the judge to award you title to the trailer as your damages. The court order to this effect can then be used by the GA DMV to title the trailer in your name.

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