- Jurisdiction
- California
Three years ago, I made a contract with a client to store his car while he went back to his home country to get his visa renewed. He is still there. After a year, he quit paying the monthly rent. Over the next 18 months I notified him via email of his delinquent rent a total of 12 times and every time he had an excuse or promised to pay his rent in the next day or two, but each time he never paid anything. I mentioned what his rent due was regularly. One time, he replied that of course he would pay because "otherwise I'll lose my car." The last time, I stated that I have contacted him about payment 12 times, told him his total bill thus far, and said if he didn't pay the total due, I would be selling his car. I finally filed with the California DMV to do a lien sale. After 4 weeks, the DMV did the required notifications and then granted authorization for me to conduct a lien sale of his vehicle.
I advertised the lien sale as required by law. There were no buyers at the sale, so I purchased the car and registered it in my name. The belongings the client left in the car were held until after the lien sale redemption period as required by law. After the lien sale redemption period, the car's contents were donated to charity. After three months I sold the car. That was over 6 months ago.
Now, after 2 years of non-payment, this car's previous owner, who is still out of the country, has suddenly shown a new interest in it and emailed and asked about his car and its contents for the first time in 3 years. I emailed him back and told him his car was sold through the DMV, that I didn't know where it was, and that he could contact the DMV for further information. This person says I had no legal authority to sell his car to recover the money owed me and says he has a right to the contents of his car. He, along with his brother and a friend, who are in the US although not in-state, have continuously called, emailed, and texted me asking where his car and its contents are. I have not responded since my initial answer to him.
What, if any, is my legal obligation to this person?
I advertised the lien sale as required by law. There were no buyers at the sale, so I purchased the car and registered it in my name. The belongings the client left in the car were held until after the lien sale redemption period as required by law. After the lien sale redemption period, the car's contents were donated to charity. After three months I sold the car. That was over 6 months ago.
Now, after 2 years of non-payment, this car's previous owner, who is still out of the country, has suddenly shown a new interest in it and emailed and asked about his car and its contents for the first time in 3 years. I emailed him back and told him his car was sold through the DMV, that I didn't know where it was, and that he could contact the DMV for further information. This person says I had no legal authority to sell his car to recover the money owed me and says he has a right to the contents of his car. He, along with his brother and a friend, who are in the US although not in-state, have continuously called, emailed, and texted me asking where his car and its contents are. I have not responded since my initial answer to him.
What, if any, is my legal obligation to this person?
