Can someone here give me a piece of advice regarding a storage unit I am renting?

[lady raven]

I live in Oklahoma. This is a weird situation and it has me really stressed out. I am renting a storage unit (I hate it, but it's for a temporary period while I downsize after moving). I have been informed by the self storage facility that I use that they are foreclosing on the contents of my unit due to a fraudulent check.

I have proof that I have made every payment on time and all payments have cleared my bank account. I double checked tonight in my online banking. However, apparently a third party made an additional, unsolicited payment on my account (The name given to me by the Storage Facility office is the name of someone I do not think I even know!) and it was drawn on a long- closed account. They have locked my unit, also disabling my access code to the facility, and they tell me my items are going to be sold.

They are demanding payment for the amount of the check plus collection charges. They want them from me because I am the responsible party on the unit, despite the fact that I don't know this person. Apparently the foreclosure is already in process and they will be suing me for the amount that they say I owe for the check and collection charges if I do not pay them. Again, ALL payments on the unit are current. This payment this person apparently made on my behalf was additional to the regular rent on my account, so they have no claim of delinquency on my behalf.

Here's the kicker: Although this fraudulent check is enough for them to lock my unit, sell my stuff, and demand payment (They are threatening to sue if I don't pay it), they won't give me a copy of the bad check to prove it because it was not written by me!

I REALLY don't want to have to see an attorney about this, but I also really don't want to pay $200 and change to these people so they'll leave me alone. I have a feeling something is fishy here. Oh, and I want my stuff!!!!!!!!!!

Does someone here know if they are legally entitled to collect from me, close my unit, and sell my belongings because someone else wrote them a check on my account? It seems nuts to me- That would mean I could write a bad check on behalf of someone I dislike and leave them holding the bag. That doesn't seem right to me at all.

I wonder if the problem is that the storage facility made an error and want ME to pay for it- I can't imagine someone intentionally did this to cause another person- especially someone they don't know- harm. I think I have already tried everything- including irrationally threatening to hire an attorney (It would be cheaper and less trouble to pay this bad check!) and they simply will NOT listen to reason.

[lady raven]

1. I should add...

Two people have already told me just to pay it and get on with my life. That sounds simple, but there are things in my unit that are important to me that I want to have back AND I'm not exactly rolling in dough. I am currently making about $1600/ month, so this would be more than 1/8 of my monthly income. I'd rather not just pay them just to make them go away, but aside from hiring an attorney (which I may not even be able to afford), I don't know what other options I have.

[Breeze54]

2. I'd go to court and get an order to stop them asap and then

find out if they have a 'history' of doing this by calling the Better Business Bureau
and/or the Commerce Dept. in your state or city... get copies of all the checks as proof
of payments made, make sure they all cleared and the rental agreement and take them to
small claims court. Do it tomorrow morning!

Have you talked to the Manager/Owner or a clerk? If not, talk to the owner!!

They will auction off your stuff!! Look in the paper under auctions.

Also, if you can afford it, just pay the $200.00, get your stuff out of there asap,
take it to another storage place and then take them to court and get your money back.

[lady raven]

3. Thank you for the advice!

My only remaining concern is whether or not there is some law allowing them to do this based on a bad check even if it wasn't written by me. If there is, I think it would be a waste of time and more money to take them to small claims court. Even if I pay, apparently they already plan to sell my stuff, so I don't know how I could prevent that from happening at this point.

I am going go do as you advise and call the BBB and the Commerce Department tomorrow. I think my state's Attorney General also has a division that deals with this kind of stuff, so I will call them also and see what they say.

They DID clearly state that my account was up to date but that the reason they were foreclosing on the unit was the bad check. Without a copy of the bad check or their claim in writing, how can I have enough evidence for court? The only thing I think I can prove is that I have made a monthly payment since my contract date that has cleared every month and that they sent me a collection notice for a bad check.

The only thing I have in writing from them is the collection notice. When I called to question it, I was told everything else over the phone by a man claiming to be the owner/ manager.

[Breeze54]

4. They have to prove you didn't pay!!

Not you!!! ;)

You should have the proof you paid, by the banks copies of the cashed checks!

Small claims court is not expensive at all to file. An order would stop the sale

and they wouldn't have to be in court with you, to get that.

If the stuff isn't worth keeping, then I guess you don't have to worry about it.

Seems odd they'd do that though and who the hell would write a check to pay on your account?

:shrug: Weird!!

[lady raven]

6. That's what I don't understand...

I think it is more likely that they have mistakenly put someone else's payment (for their unit) on my account and are either too lazy to correct it or figure they are more likely to collect from me.

I cannot imagine why some random person I don't know would send a check (good or not) to pay for someone else's storage unit.

I honestly have no idea. All I know is that they apparently got a bad check from someone else and want me to pay for it.

[u4ic]

5. I'm not in the US

and have no idea if it is legal.

I'm just wondering if a media outlet near you has a consumer reporter. Every tv station here does, and deals with issues such as yours. If they can get on your case right away, maybe that may stall the storage business. At least it will bring to light something that isn't quite right. It just sounds very fishy to me.

Good luck. :pals:

[lady raven]

7. There is one about 2h away

There is a larger city about 2hours from here where they have a team that does consumer reporting. I hadn't even thought of that- It's a great idea!

[SoCalDem]

8. Call the police

This is fraud.

[SoCalDemGrrl]

9. I'd advise you to get an attorney. It will probably pay for itself many time over.

it seems that the only thing these people will respect is a
letter from your lawyer. IMHO, it will be money well spent.

[KT2000]

10. Does your state

have a consumer affairs division in the state attorney general's office? If so, call them.