Am I responsible for storage unit cost during a writ of execution?

[Hulu]

What is the name of your state? UT

There was a writ of execution done on a storage unit of a debtor.

The debtor is crying foul, things are tied up in court.

Who have to pay for the storage unit( if anyone) for the time this is drawn up in court?

The Debtor signed the contract with the storage unit company. I guess the ownership of it is in limbo while this is sorted out?

 

[Zigner]

Why would you pay for it if it's not your unit?
(One answer might be that you don't want risk losing the items that are in it. If you pay for it, I don't believe the debtor would have any responsibility to reimburse you.)

 

[Hulu]

Why would you pay for it if it's not your unit?
(One answer might be that you don't want risk losing the items that are in it. If you pay for it, I don't believe the debtor would have any responsibility to reimburse you.)

I am wondering if I am responsible to pay the storage unit company?

I will NOT pay if I am not responsible for it.

I did not sign a contract with them and the stuff does not belong to me. So I don't feel that I am responsible to pay these cost however the items are not allowed to be sold at auction yet. Right now I don't think anyone is allowed in that storage unit until the courts resolve the issue.

 

[Zigner]

I am wondering if I am responsible to pay the storage unit company?

I will NOT pay if I am not responsible for it.

I did not sign a contract with them and the stuff does not belong to me. So I don't feel that I am responsible to pay these cost however the items are not allowed to be sold at auction yet. Right now I don't think anyone is allowed in that storage unit until the courts resolve the issue.

I don't see why you would be responsible to pay for it. It's still his unit. Is someone asking you to pay?

 

[adjusterjack]

Agree. You should probably visit the storage place and discuss payment with the manager. According to the Utah self storage law the facility owner can sell the contents if the occupant is in default for at least 30 days.

C38-8_1800010118000101.pdf (utah.gov)

the items are not allowed to be sold at auction yet. Right now I don't think anyone is allowed in that storage unit until the courts resolve the issue.

Are you sure about that?

Does the Writ of Execution contain an injunction against selling the contents? If it doesn't, I don't see where the facility owner can't exercise his right of sale.

Don't be penny wise and dollar foolish. The debt and your litigation has likely already cost you thousands already. What's a hundred or two a month to preserve your potential recovery from the contents?

On the other hand, you can wait until the contents get auctioned, by them at auction and hope you make enough to cover your losses.

 

[Hulu]

I don't see why you would be responsible to pay for it. It's still his unit. Is someone asking you to pay?

Lawyer seem to indicate I was somehow on the hook for it and the longer it took, the more

Agree. You should probably visit the storage place and discuss payment with the manager. According to the Utah self storage law the facility owner can sell the contents if the occupant is in default for at least 30 days.

C38-8_1800010118000101.pdf (utah.gov)



Are you sure about that?

Does the Writ of Execution contain an injunction against selling the contents? If it doesn't, I don't see where the facility owner can't exercise his right of sale.

Don't be penny wise and dollar foolish. The debt and your litigation has likely already cost you thousands already. What's a hundred or two a month to preserve your potential recovery from the contents?

On the other hand, you can wait until the contents get auctioned, by them at auction and hope you make enough to cover your losses.

Perhaps under normal circumstances however the sheriff has done the writ of execution and its locked with a seal saying that is illegal to enter or remove items by penalty of __________,etc.. You get the point.

Its like when police rope off a crime scene and say its illegal to enter the area kind of thing.

So maybe you have different laws conflicting with each other here?

 

[Hulu]

Agree. You should probably visit the storage place and discuss payment with the manager. According to the Utah self storage law the facility owner can sell the contents if the occupant is in default for at least 30 days.

C38-8_1800010118000101.pdf (utah.gov)



Are you sure about that?

Does the Writ of Execution contain an injunction against selling the contents? If it doesn't, I don't see where the facility owner can't exercise his right of sale.

Don't be penny wise and dollar foolish. The debt and your litigation has likely already cost you thousands already. What's a hundred or two a month to preserve your potential recovery from the contents?

On the other hand, you can wait until the contents get auctioned, by them at auction and hope you make enough to cover your losses.

When police put up crime scene tape on an apartment that is the crime scene. Does the Landlord get the police or city to pay rent to preserve that crime scene or ask the victim's family to continue paying rent?

If the law said you can't go inside the crime scene apartment, can the landlord say " screw that" and take down the tape, clean it up with bleach and rent it out the next day or demand the police department take over the rent payments?

I'm curious on how this work and if the same can be applied to the storage until taken from the sheriff.

 

[Zigner]

Lawyer seem to indicate I was somehow on the hook for it and the longer it took, the more

YOUR lawyer? If yes, then speak to your lawyer about this, not random strangers on the internet. If you're talking about the debtor's lawyer, then I would say: "Never take legal advice from your opponent." I would also say that you should speak to your own attorney.

 

[Zigner]

When police put up crime scene tape on an apartment that is the crime scene. Does the Landlord get the police or city to pay rent to preserve that crime scene or ask the victim's family to continue paying rent?

If the law said you can't go inside the crime scene apartment, can the landlord say " screw that" and take down the tape, clean it up with bleach and rent it out the next day or demand the police department take over the rent payments?

I'm curious on how this work and if the same can be applied to the storage until taken from the sheriff.

Your hypothetical scenario has nothing to do with the situation you are facing.

 

[quincy]

Here for the benefit of others is a link to your related thread:

https://forum.freeadvice.com/threads/virtual-economic-nexus-and-serving-subpoena-to-out-of-state-companies-which-have-those-nexus-instate.661549/

You are not responsible for paying rent on a storage unit that you are not under contract to pay. Do you know that it is your judgment-debtor who rented the unit?

Why aren’t you directing your questions to your attorney?

Additional note: If your debtor owes on the rent for the storage unit, it is generally in the storage unit rental contract that the storage unit management gets paid first out of the money made from the sale of any items in the unit. The sheriff then recovers his costs before you, as judgment-creditor, will see any money from the sale.

 

[Hulu]

Your hypothetical scenario has nothing to do with the situation you are facing.

Police rope off an apartment with sign posted saying its a felony to break the tape, enter or disturb the apartment.

vs

Sherriff rope off the storage with a sign posted saying its a felony to break the tape, enter or disturb the storage unit.

There is absolutely nothing in common? To me it seem like both are using a law enforcement officer to temporary restrict access to normally rentable private property for the purposes of a court case.

 

[Zigner]

Police rope off an apartment with sign posted saying its a felony to break the tape, enter or disturb the apartment.

vs

Sherriff rope off the storage with a sign posted saying its a felony to break the tape, enter or disturb the storage unit.

There is absolutely nothing in common? To me it seem like both are using a law enforcement officer to temporary restrict access to normally rentable private property for the purposes of a court case.

Ok sure, whatever. Ask your attorney.

 

[Hulu]

Agree. You should probably visit the storage place and discuss payment with the manager. According to the Utah self storage law the facility owner can sell the contents if the occupant is in default for at least 30 days.

C38-8_1800010118000101.pdf (utah.gov)



Are you sure about that?

Does the Writ of Execution contain an injunction against selling the contents? If it doesn't, I don't see where the facility owner can't exercise his right of sale.

Don't be penny wise and dollar foolish. The debt and your litigation has likely already cost you thousands already. What's a hundred or two a month to preserve your potential recovery from the contents?

On the other hand, you can wait until the contents get auctioned, by them at auction and hope you make enough to cover your losses.

First its not a hundred or two, its more like $500 a month. Storage unit prices have gone way up maybe because of the pandemic? I'm not sure .

Secondly, the constable has placed a new lock, tape and a sign saying its a felony to break that lock and to take any of that stuff.

So maybe the storage owners would go to jail if they tried to sell that stuff? I guess that is what is stopping them.

I don't own the stuff, I did not buy it at any auction. I also have no contact with the storage owners.

Why would I pay his debt?

Is there anything in the law describing this exact situation saying when a writ of execution and levied a storage unit, the creditor must pay for the storage cost until items are sold at auction and removed from the warehouse?

Under what theory of law would this work?

 

[Hulu]

Ok sure, whatever. Ask your attorney.

I can ask another attorney and probably get a different answer. My Attorney does not specialize in this kind of thing.

 

[doucar]

Ask your attorney