Q: Options for dealing with unpaid verbal storage agreement in Iowa.
I made a verbal agreement over three years ago with my daughter's now ex-boyfriend to store his truck in my garage for $50 a month. He paid regularly until August 2023, when the payments stopped. After I contacted his mother, he apologized and made a few small payments totaling $138 with a promise to pay something every week. However, he hasn't made any payments in the last five weeks and hasn't responded to my messages. I've communicated via Facebook Messenger that if he doesn't pay or make arrangements, I may need to get rid of the truck, but I haven't given a strict deadline. I'm unsure of the legal steps I can take to either receive payment or have the vehicle removed legally. What actions can I take to resolve this situation?
A:
That’s a frustrating situation, especially when you've been patient and given him multiple chances to make things right. In Iowa, even a verbal storage agreement can be enforceable, particularly if both parties followed it for a long period of time, as you did. Since the payments have stopped and he hasn’t responded to your recent messages, you have the right to take steps to resolve it, but you need to follow the proper legal process to avoid liability.
Start by sending a written notice—by certified mail if possible—giving him a firm deadline to either pay the overdue amount or remove the truck from your property. Include how much he owes, what happens if he doesn’t respond (such as your intent to pursue storage lien or disposal options), and a specific date by which he must act. This gives him one last fair opportunity and creates documentation if you need to go to court.
If he still doesn’t respond, you may be able to file in small claims court for the unpaid amount or begin the legal process of having the vehicle declared abandoned. In Iowa, you can apply for a mechanic’s lien or storage lien through the county treasurer or sheriff’s office to gain legal authority to remove or sell the vehicle. You’ve been more than reasonable—now it’s about protecting your rights while following the law.
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