• Report: #1113481

Complaint Review: public storage

  • Submitted: Tue, January 07, 2014
  • Updated: Tue, January 07, 2014

  • Reported By: vmc02 — anaheim California
public storage
130 S Knott Ave anaheim, California USA

public storage public storge placed illegal lien anaheim California

*Consumer Comment: Can hardly stand it....what happened?

*Author of original report: stale mate

*Consumer Comment: It is now January 16th

*Author of original report: When struggling in the end

*Consumer Comment: When you gamble in the end...

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Received notice that my storage rent was due "BEFORE NOV 2ND 2013"  If not paid a lien would be placed and my lock cut and unit to be scheduled for auction. 

That in itself is acceptable terms as I was running a month behind on paying my rent for the last 2 previous months but I was always able to get my payment in just under the lien date deadline. When I received the preliminary Lien Notice I was okay with its terms because I receive my temporary disability (emergency surgery) payment on November 1st. 2013 

So I proceeded to go into the facility cash in hand to pay my bill on Nov 1st at 9 AM which is before Nov 2nd it is right or is there another calender I'm unaware of.

LOCK IS CUT, LIEN PLACED, UNIT SCHEDULED FOR AUCTION and when did this occur I asked and the very rude representative said it occurred at the stroke of midnight Oct 31st/Nov 1st I showed him the notice where it stated payment due before Nov 2nd he stated that they could take possession of the unit any time they wanted. [continued below]....

.....

I completed the "DECLARATION IN OPPOSITION TO LIEN SALE" Public storage filed insmall claims court we go to court Jan 14th at 8:30 AM Dept N10

Any direction of regulations or codes that anyone believes would be relevant would be great. Oh and they were also charging me a $30.00 late fee but legally at most they can only charge $15.00 civil code 21713.5 15e56f3


This report was posted on Ripoff Report on 01/07/2014 12:21 AM and is a permanent record located here: http://www.ripoffreport.com/r/public-storage/anaheim-California-92804/public-storage-public-storge-placed-illegal-lien-anaheim-California-1113481. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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2Author 3Consumer 0Employee/Owner
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#1 Consumer Comment

Can hardly stand it....what happened?

AUTHOR: Orange County, California - ()

PLEASE tell me what happened.  Of course I just saw your post about the small claims trial in January but would really love to hear what you did.

I actually filed a lawsuit against P.S. before they could get their small claims against me.

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#2 Author of original report

stale mate

AUTHOR: vmc02 - ()

public storagew filed incorrecty against my opposition, so it continues. All court cases except child custody can be accessed online at the orange county superiour court house website. Grow some intelligence

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#3 Consumer Comment

It is now January 16th

AUTHOR: Robert - ()

So what happened on the 14th?

One would think that if you prevailed you would be updating this site so fast it would make ones head spin. 

Oh and how about posting the court docket number and court location.

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#4 Author of original report

When struggling in the end

AUTHOR: vmc02 - ()

Gamble - Conscious decision to risk losing (something of value or importance) in order to acheive something.

As stated in my first report Emergency Surgey is the cause of my current cituation.

Emergency - an unexpected and usually dangerous situation that calls for immediate action

I was gammbling with nothing. 

Public Storages obvious complete and utter disregard of civil procedure and contractual writing will catch up with them and in fact hopefully has.

And on January 14 a judge will make a final determination on this.

 

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#5 Consumer Comment

When you gamble in the end...

AUTHOR: Robert - ()

....the house always wins.  It looks like you have been playing with fire and getting your payments in right before they file the lien.  Coincidence? or an Intentional Act to delay paying as long as possible?

Why do I say this.  Well with the last one you say you receive your payment on the 1st so their date of the 2nd worked for you.  So answer this.  If you read the rest of the legal section they had the legal right to place the lien on the 1st(at least 14 days after the 16th which is when you say you received the notice).  So had they said it had to be paid BEFORE the 1st would you have paid it?  I think you see where this is going...

Now, with that I will say this.  IF the letter(that you did not post for some reason) says it had to be paid before the 2nd and you paid the FULL amount due on the 1st.  Even though they had a legal right to place the lien on the 1st you may have a technicallity in which you may prevail.

You also may have another success with the late fee.  While it does state that a "reasonable" fee for your amount would be $15.  It also states that the late fee is to be specified in the rental agreement.  If it says $30 and they can convince the judge it is reasonable you may end up having to pay it.

One other thing that is either going to help or hurt you.  Have you been On-Time since this date?  If you have not been On-Time it may be a negative item for you.

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