Storage fees
11-14-11, 01:41 PM
#1
rx7drifter
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Storage fees
ok i have a friends Dad that refuses to release my 91 integra to without paying supposed storage fees. Heres the entire situation. I bought the car knowing i had to do motor work. it was at a friends house where my sister was the manager at the time. she told my friend she was going to tow it if it was not moved by the end of the week. so his dad said take it to my house but you have to pay me storage after 2wks and its $45/day. i thought he was joking. ive been working on it here and there due to no time and no way to get to the car besides walking 20 miles. its been almost 6 months. Now he refuses to let me near the car and refuses to release it to a tow truck driver to have it towed to my new place of residence. he wants $45/day x 6 months for a total of $8100!!! this is a friend whom ive known for almost 15 years!
11-14-11, 02:07 PM
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rx7drifter
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title has NOT been signed is in my moms possession Nope i have not signed a contract and NO he does not have a licensed business for storage. he has a business for Building mini storage complex's. sorry if it seems i have a tude im just furious a friends dad would do this to me after knowing him for almost 15 years
11-14-11, 03:41 PM
#5
"Title has not been signed..." So, who's name is on the title?
Unless he has a signed contract stating the agreed-upon storage fee, and can legitimately file a lien for the unpaid storage fees, he doesn't have a leg to stand on.
But if the title's not in your name, you don't have a leg to stand on either, as it's not your car unless your name's on the title.
The legal owner could probably report the car stolen, give the location, and demand the police recover their property.
Doesn't sound like much of a friend.
Unless he has a signed contract stating the agreed-upon storage fee, and can legitimately file a lien for the unpaid storage fees, he doesn't have a leg to stand on.
But if the title's not in your name, you don't have a leg to stand on either, as it's not your car unless your name's on the title.
The legal owner could probably report the car stolen, give the location, and demand the police recover their property.
Doesn't sound like much of a friend.
11-14-11, 04:15 PM
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title has NOT been signed is in my moms possession Nope i have not signed a contract and NO he does not have a licensed business for storage. he has a business for Building mini storage complex's. sorry if it seems i have a tude im just furious a friends dad would do this to me after knowing him for almost 15 years
Doesn't change he is being just plain unreasonable for demanding double what the car is worth to release.
My suggestion, force the situation and take it to a small claims court. Little out of pocket cost, and it puts the situation into a third party decision making.
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11-14-11, 04:15 PM
#8
if the titles in your name call the cops tell them the situation dont mention the 45 dollars a day thing dont know if a verbal contract applys to this. hes holding your vehicle illegally there is no contract. he doesnt own a license to operate a storage facility
11-14-11, 04:31 PM
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hozz you miss understood that statement. He is a Licensed CONTRACTOR not licensed to own and operate a Storage facility. and it is at his Personal House. i also just got off the phone with the AJPD and they informed me with the said info i have told you guys he has NO LEGAL standing what so ever!
11-14-11, 04:42 PM
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Ah. Guess I was reading into it.
That being the case, the only thing he can do is claim the car was abandoned and file a lein sale. But that would require he give effort to notify the owner and the owner either saying take it or not responding. You're clearly advising you want it back and making effort to remove it.
Since you're the legal owner, he has no power to release or not release. But he does have power to refuse access to private property. His only recourse would be to have the car towed and bill you for the towing charges. So if you showed up with a tow truck, he'd be hard pressed to justify refusing you access to remove and still try and claim damages which is essentially what he's doing by demanding storage fee compensation.
I again suggest you go the small claims route to get an order allowing you to remove your property if the police can't get it done for you. You're damages is the value of your car, your property he is not allowing you to reclaim.
That being the case, the only thing he can do is claim the car was abandoned and file a lein sale. But that would require he give effort to notify the owner and the owner either saying take it or not responding. You're clearly advising you want it back and making effort to remove it.
Since you're the legal owner, he has no power to release or not release. But he does have power to refuse access to private property. His only recourse would be to have the car towed and bill you for the towing charges. So if you showed up with a tow truck, he'd be hard pressed to justify refusing you access to remove and still try and claim damages which is essentially what he's doing by demanding storage fee compensation.
I again suggest you go the small claims route to get an order allowing you to remove your property if the police can't get it done for you. You're damages is the value of your car, your property he is not allowing you to reclaim.
11-14-11, 05:16 PM
#11
daaaang!
Well it was kind of a **** move on your part to burden your friend's dad with a non-running car for 6 months. I bet after the first 2 weeks, said dad was yelling at your friend to get that POS out of his Driveway. Now 6 months later, he is so fed up, he wants some cash. If I were you, I would offer $100 or $150 and a real apology. If he still doesn't allow you to take it, show up with a tow truck and a police officer. Go down to the station and ask for assistance in retrieving your property.
Well it was kind of a **** move on your part to burden your friend's dad with a non-running car for 6 months. I bet after the first 2 weeks, said dad was yelling at your friend to get that POS out of his Driveway. Now 6 months later, he is so fed up, he wants some cash. If I were you, I would offer $100 or $150 and a real apology. If he still doesn't allow you to take it, show up with a tow truck and a police officer. Go down to the station and ask for assistance in retrieving your property.
11-16-11, 01:35 PM
#14
rx7drifter
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Did nothing of the sort he Has no daughter just 3 sons. He is just a money hungry a$$h*le that has nothing to do but bitch about things and try to steal legally well this is where he crossed the line. Ive offered him 100 for storage a 50 for him to bring the to me . and he basically told me Im not getting it unless i pay him the 8100. yeah NOT going to happen so this is a Bacon escort on Friday for sure. now i have to pay a Real friend 120 for the use of his truck time and Lunch to get the da*m thing. its not my friend its his father he wants nothing to do with it. the man is now threatening me with bodily harm if i go near his house. ive told him the legality of the situation and he thinks he can still do this well he is in for a surprise. i have the backing of the Apache junction Police dept and the Pinal county prosecutor. i also have had My Ex Gf hire a lawyer in case he tries to sue me for the 8100. 1 he cant charge me for any storage of the car when it was not on his property for 5 and a half months but on a neighbors. until they returned from Canada. (they are Snowbirds) 2 he cannot charge me legally anyways because there was NO legally signed/notarized contract like i have with my parents about my Rx7.
11-16-11, 02:17 PM
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The car isn't even on HIS PROPERTY???????????? That is a huge point of fact given it all.
LOL
In that case I think he needs the $8,100 to support his drug habit as his mind is definitely in Wonderland if he thinks he has is due any compensation for storage unless he has power of attorney from his neighbor.
Sidebar, do you or any of your friends have a AAA membership? You get three free tow's a year, and given it's late in the year it is doubtfull anyone would need three tows between now and the end of the year.
LOL
In that case I think he needs the $8,100 to support his drug habit as his mind is definitely in Wonderland if he thinks he has is due any compensation for storage unless he has power of attorney from his neighbor.
Sidebar, do you or any of your friends have a AAA membership? You get three free tow's a year, and given it's late in the year it is doubtfull anyone would need three tows between now and the end of the year.
11-17-11, 04:56 AM
#20
rx7drifter
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i wont have to pay a penny to him. On friday morning i will be visiting the Apache junction police Dept with a real friend and having an escort over to his house where they will forcefully remove my car from his possession. ive tried reasoning with him calmly and he has spit in my face and thinks im gonna bend over on this. If he wants to try and sue me let him he wont have a leg to stand on.
