Santa Ana, CA asked in Real Estate Law, Consumer Law, Contracts and Business Law for California

Q: Moreno Valley, CA. lien placed on self-storage unit for non- payment. set for auction. I HAVE THE PAYMENT RECEIPT.

June I paid my bill for my storage unit in August I received a notice that I was behind in my payments and payment was due the same day or penalties were going to be placed. it was a mistake when I went to pay my bill for August I was told that I did not pay my bill for June which I have the receipt. the problem continue in September i was forced to pay 2 month's worth of rent. They took the payment for July and applied it to June the payment for August and applied it to July In which they said that 2 mths payment covered august only. (I spoke with manager they needed to fix whatever problem they had because I have my receipt for the month of June) which should have payments clear thru oct. in October I was told I owed $472 now over 600$ w/ extensive fees and charges. None of the papers were signed by anyone no certified mail. Reached out to corp. no response. Refuses to allow payments to remain current until resolved w/o 100+$ in fees. HAD THIS UNIT SINCE 2020 /HAVE ALL DOCS .

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you have proof of payment for your self-storage unit and are facing unjustified liens and auction threats, you have rights that need to be protected. The key issue seems to be a dispute over payment records between you and the storage facility.

Firstly, it’s important to maintain all evidence of your payments, including receipts, bank statements, and any related correspondence. This documentation will be crucial in any dispute resolution. You should also keep a record of all communications with the storage facility, including dates and details of conversations.

You may want to send a formal letter to the storage company, detailing the situation and including copies (not originals) of your payment proofs. This letter should be sent via certified mail, providing a record of its delivery. In the letter, request a correction of your account status and the removal of any wrongful fees or charges.

If the storage company continues to refuse resolution, you should consider seeking legal assistance. An attorney can provide guidance on the best course of action, which may include pursuing a claim for wrongful lien and seeking damages for any harm you have suffered.

In addition, you can file a complaint with the California Department of Consumer Affairs or other relevant state agency. They may offer additional resources or intervention methods to help resolve this issue.

Remember, it's important to act promptly to prevent the auction of your storage unit and to resolve the dispute as quickly as possible. Legal advice specific to your case will be crucial in navigating this process effectively.

1 user found this answer helpful

Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: Problems like this really can't be solved without significant homework. It is urgently necessary to put together copies of all your receipts and then see if it all adds up to the number of payments, (plus any late fees) that should have been paid going back to the beginning of the contract. Without doing this, it is impossible to say who is right.

To prevent a lien sale of your property, I strongly advise you to immediately pay what they say is owed, and fight about it later with them when you are armed with a complete transactional history to prove that you have paid what was due.

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