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Can I file a suit and how do I go about doing so?

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ivenoname

Junior Member
A friend and I had property in a storage unit under another persons name. My friend had been paying $50 monthly to this person for the unit, but they were4 not paying on the unit. I have been trying to get my property from the unit for months but I can't get the person to give it to me. I found out today that our property has been auctioned off. My property was placed in the unit by my friend as he had it when he and the other person moved and split the unit.


I live in Austin Texas.
 


Silverplum

Senior Member
A friend and I had property in a storage unit under another persons name. My friend had been paying $50 monthly to this person for the unit, but they were4 not paying on the unit. I have been trying to get my property from the unit for months but I can't get the person to give it to me. I found out today that our property has been auctioned off. My property was placed in the unit by my friend as he had it when he and the other person moved and split the unit.


I live in Austin Texas.
http://www.depts.ttu.edu/sls/forms/How-to-Sue-in-Small-Claims-Court.pdf
 

Zigner

Senior Member, Non-Attorney
How do you intend to prove the following?

You had items in the unit.
What those items were.
The value of those items.
 

ivenoname

Junior Member
After reading the .PDF posted I am worried.

I don't really have any way to prove what was in the unit.

I am wondering would my friend have to be the one to file the suit. He had my property at the time, and it was him who placed it in the unit. Would it be better if he sued for the cost of the entirety of the unit and then gave me my cut.
 

Zigner

Senior Member, Non-Attorney
After reading the .PDF posted I am worried.

I don't really have any way to prove what was in the unit.

I am wondering would my friend have to be the one to file the suit. He had my property at the time, and it was him who placed it in the unit. Would it be better if he sued for the cost of the entirety of the unit and then gave me my cut.
You need to sue your friend.
 

ivenoname

Junior Member
I had a feeling that was the case. So my friend would need to sue the person who let the unit lapse, and I would need to sue my friend?

I am trying to get a hold of the storage company to see if I can get contact info for the person who bought the unit in auction to see if they will send me photos of the contents so I'll have some sort of evidence. Is there anything i can do if I can't prove what was in the unit.
 

Silverplum

Senior Member
I had a feeling that was the case. So my friend would need to sue the person who let the unit lapse, and I would need to sue my friend?

I am trying to get a hold of the storage company to see if I can get contact info for the person who bought the unit in auction to see if they will send me photos of the contents so I'll have some sort of evidence. Is there anything i can do if I can't prove what was in the unit.
Regarding the bolded: I can't imagine you will succeed.
 

Eekamouse

Senior Member
You won't succeed. The storage facility is not going to tell you anything. Your name was not on the contract so you are not entitled to know anything about who bought the unit at auction. It doesn't matter that some of the stuff in the unit was yours. Your opportunity to retrieve your stuff ended when you were unable to get the person who had the contract for the storage unit to let you into his unit when he still had access to it. It's your own fault and that of your friend for allowing your stuff to be stored in a storage unit under another person's name. .
 

ivenoname

Junior Member
Yeah that's actually part of my problem here, I never knew my stuff was being placed into the unit. Had I known I would have picked it up at the time and never allowed it in the unit in the first place.

Also the storage did in fact not tell me anything, they told me to file a police report and they would give them the name
.
 

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