Consumer Law, Warranties Broken oral and written contracts

[cinnaducky]

My jurisdiction is: Florida

Back in June my sister and I lived in Utah. She told me this story about someone trying to kill me and then turned around the next day and called the police to tell them I was going to kill that person.

I moved to Texas and my sister joined me here 3 wks later because I had no clue what she had planned to do to me. Her husband and my husband were in Utah packing up our belongings. I had a storage unit which I paid on monthly for over 2 years. My husband and I were going to pay a total of $1,700 to move our items from Utah to Texas.

My sister was moving to Florida with her husband and she and her husband told us "We will help you out, don't worry just put your things on the truck."

My husband worked all night to get everything over to their house to get put on the truck since they rented an 18 wheeler. My husband came to Texas 1 week earlier than my sister's husband and upon arriving my sister came out and told me that my husband had made an oral agreement with her husband saying that we would pay them $3,500.

My sister and husband started arguing because he told her that was not true, he would not offer to pay that money, it would have been cheaper to move our things himself. I became upset and left because I told her "We do not have that kind of money" that is why we had saved the money for our move.

Later the next day she told me not to worry about it that she had talked to her husband and he was going to give us our things. The agreement was we would drive her to Florida and upon arriving get our stuff. We got to Florida and the price of getting our stuff had gone up to $5,000.

The price as of last time I knew was up to $8,000 for our part because they decided not to pay the moving company and everything is in storage. Her husband has told the moving company and storage company to not give us any information at all. I have no way to contact my sister, no phone, no address, nothing.

Neither me or my husband are on the moving contract so the moving company will not release anything to us even if we pay, and they will not work with us, they are saying let's see what you do, items will be auctioned off in 6 mos. That was in August.

Before we did leave Florida we did have her husband sign a contract stating that he had all our belongings and would release them to us for $1,500 in "payments" because he also did admit that he had told us that he was "helping out" because originally they had plenty of room on the truck.

I have no idea where my belongings are because the storage company I was given has moved and the person in charge of answering phone refuses to talk to us.

 

[dee_dub]

You have two separate things going on here, and neither one gives me a good feeling.

First, and most realistic but practically least likely to be of any benefit, you have your claim against your sister and her husband for breach of your agreement causing loss of your possessions. I don't know what to tell you about this. You can file suit against them, but good luck serving papers. You might get a default judgment against them, but what are the chances of collecting on it? I guess you could start garnishing their wages if/when she gets back in contact with you.

Second, there is the moving company holding your goods. It would be worth your while to try to obtain a copy of the moving agreement from them. If they're not allowed to hold them under the agreement, your goods would be unlawfully in the moving company's possession and you could sue for their return. Unfortunately, they might be allowed to hold them. The contract likely provides something to the effect that they can hold the moved goods, no matter whose they are, unless they get paid. You could try to negotiate partial payment, like the $1500 that was going to go to your sister, for release of your goods. (What does the company mean, "let's see what you do"?) This might be advantageous to the company - they save the hassle of having to store and auction off the goods.

You could always sue the company for their return anyways and hope you get a sympathetic judge. This would amount to a contest between who has the better claim to the goods. This might get a bit complicated, but I could see an argument that your claim to the goods (ownership) is better than the moving company's claim (possession by way of your sister, who breached her agreement with you), and they should be returned to you. If you don't know where the moving company is, serve the suit against their corporate office, which should be registered with the state.

 

[cinnaducky]

It happened yesterday

My sister called me from a blocked number and said that my things had been auctioned off and she was very sorry, she was crying and everything. I asked her about her stuff and she told me that her has not been auctioned off but was getting ready to go to auction.

I did call the moving company who said that it has not been 6 mos yet but as far as they know the storage company has not auctioned off anything.

Luckily he gave me a number for the storage company who only told me it was not true but they cannot get in touch with my sister or her husband. I asked about paying for my items so that they don't get auctioned.

I was told "I don't know that would have to be a question for the legal department" so I asked what about when the stuff does go to auction and the contract with the moving company and my sister's husband is not longer valid, can I then pay them money to buy my own things back? She would not answer she told me that I am not on the contract.

Neither the moving company or the storage company claim they know what is going on or how the things work when something goes to auction so they can't help me. The guy from the moving company says that the storage company refuses to speak to him since he is on our side. I do not know who to believe.

 

[cinnaducky]

Also got an email from my sister's husband 20 minutes ago stating that since we did not pay storage fees or moving fees the company sold out items. Are they allowed to auction my property when the contract was in his name.? Is is true that they would not auction his off yet and just go through and get my things?

 

[dee_dub]

If the storage company is telling you that your offer to pay for your stuff so it doesn't get auctioned is a question for the legal department, then talk to the legal department. Make your offer to them.

Are they allowed to auction my property when the contract was in his name.?

Probably yes. Even if the answer is no, how would you prove ownership?

Is is true that they would not auction his off yet and just go through and get my things?

I don't know what the company would or would not do, but it sounds unlikely to me that they'd only sell your stuff off.

The only thing that's clear to me is that your sister and her husband are flat-out crazy liars.