How do I file a suit against a self storage in Iowa for getting rid of my units contents due to late payment?

[tigerstrike]

What is the name of your state? Iowa

We rented a storage unit 1/31/2014 and paid on the unit over 3 years. Usually, we were behind on the bill. Received a phone call that we had just a few days to pay up or the owner said he was throwing all our stuff in the trash. We never received any documents nor procedures followed in Iowa Code 578A.4. We live out of state over 1300 miles away so I guess they thought we couldn't do anything about this. Maybe we cant? We paid a lot over those years to keep our stuff and had been late before and always paid. Never received a statement, terms, deadlines or that our stuff was to be gone. We had lots of valuables, they are on an inventory list with photos. Thanks,

 

[CdwJava]

How far behind on the bill were you?

How long ago were the contents disposed of?

 

[tigerstrike]

How far behind on the bill were you?

How long ago were the contents disposed of?

The contents were disposed of 9 months ago. We were behind 2 payments for $240. The payments were $120 quarterly. We were there for 4.5 years. Thank you for your response. I really appreciate your time.

 

[CdwJava]

This area of law is not really my forte, but I am sure that these details will be important for any evaluation by others who might post here since time is often an important factor in such matters.

Did the property owners know how to contact you? Have you been at the same address all this time? Same phone number? If you moved, things may become muddied with regards to notice unless you can show that they definitively knew where you were and how to get a hold of you.

 

[CdwJava]

The contents were disposed of 9 months ago. We were behind 2 payments for $240. The payments were $120 quarterly. We were there for 4.5 years. Thank you for your response. I really appreciate your time.

Okay, I just caught this ... you were behind TWO quarterly payments. So, does that mean you were behind in excess of 6 months?

 

[tigerstrike]

The contents were disposed of 9 months ago. We were behind 2 payments for $240. The payments were $120 quarterly. We were there for 4.5 years. Thank you for your response. I really appreciate your time.

This area of law is not really my forte, but I am sure that these details will be important for any evaluation by others who might post here since time is often an important factor in such matters.

Did the property owners know how to contact you? Have you been at the same address all this time? Same phone number? If you moved, things may become muddied with regards to notice unless you can show that they definitively knew where you were and how to get a hold of you.

We had been in contact with them via phone calls, text and they did have our mailing address.

 

[tigerstrike]

We had been in contact with them via phone calls, text and they did have our mailing address.

I never deny that I was behind but the way it was handled and the amount we lost is irreplaceable. So Im wondering how to find out what the law is and what guidelines he is required to follow. Again thank you for your comments

 

[tigerstrike]

Okay, I just caught this ... you were behind TWO quarterly payments. So, does that mean you were behind in excess of 6 months?

Yes When we moved in we paid 3 months up front so actually, it could have been the 4th month, not the 6th month. We never received statements we would just send the money in per our verbal agreements

 

[NeilTheCop]

It would seem that the owner of the storage facility was required to send you a registered letter before disposing of your items via a public auction.
The notice of the auction has to be published in a local newspaper so check with their back copies department and see if that happened
If you did not receive a letter or cannot find the legal notice of auction sale, find yourself an attorney.
https://www.legis.iowa.gov/docs/code//578A.pdf

 

[Gail in Georgia]

The OP's posting is a little confusing. When they received notification they had a few days to pay up, did they indicate they were going to do this (and did so)?

Gail

 

[tigerstrike]

It would seem that the owner of the storage facility was required to send you a registered letter before disposing of your items via a public auction.
The notice of the auction has to be published in a local newspaper so check with their back copies department and see if that happened
If you did not receive a letter or cannot find the legal notice of auction sale, find yourself an attorney.
https://www.legis.iowa.gov/docs/code//578A.pdf

Yes, sir, I will. Have a great weekend!
There was no advertisement in any of the papers in that county as I checked thoroughly. Even with no certified letter, we received nothing in writing, not even 1 time. IOWA CODE 578A.4- A notice mailed by certified mail pursuant to subsection 1 is made and completed when the notice is enclosed in a sealed envelope with the proper postage on the envelope, addressed to the occupant or successor at the last known mailing address, and deposited in a mail receptacle provided by the United States postal service. 3. After the expiration of the time given in the notice, an advertisement of the sale or other disposition shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the self-service storage facility is located. The advertisement shall include:

 

[tigerstrike]

The OP's posting is a little confusing. When they received notification they had a few days to pay up, did they indicate they were going to do this (and did so)?

Gail

We were given 2 or 3 days notice via a telephone call. Pay or I'm throwing your stuff in the trash! I said to him legally I don't think you can actually do that. Now Im not denying I was late but the law is there for a reason. What I understand is he did not follow proper procedure and acted out of anger. We are not dead beats, my wife has terminal cancer and we were put on 1 income and then me working at home and leaving my career, not an excuse however balancing which bill to pay when has been a balancing act. I feel terrible to fall behind and its not anyone's responsibility but mine. He has to notify us in writing of the amount due and the date. Then he has to wait 14 days grace period before advertising the sale. The ads are to be posted 2 times over a 2 week period. He did none of this. Thanks for your time Gail.

 

[Eekamouse]

They can post the lien sale notices in obscure, small newspapers. It doesn't have to be in the larger newspapers.

 

[tigerstrike]

They can post the lien sale notices in obscure, small newspapers. It doesn't have to be in the larger newspapers.

 

[tigerstrike]

Your right I didn't think of that. Its a town of about 1000 people with 2 newspapers printed together. I didn't check the thrifty nickel which goes to another town in the county. Thanks for the information. I don't believe there was a sale because there was no money towards the bill or a cost added for the sale. When I finally have an outcome, either way, I will definitely pass along what I've learned to others. Everyone here has been helpful and friendly.