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    endofcape's Avatar
    endofcape Posts: 5, Reputation: 1
    New Member
     
    #1

    Jun 18, 2009, 03:18 PM
    Friend threw my property in storage away!
    A friend of mine allowed me to store some belongings in his storage unit because he had extra room. I took him up on his kindly gesture, but when I went to get my things from the storage unit, they were gone! He told me that he told me to get it out of there many times, and since I didn't, he gave some of it away to people who needed it, and also threw the rest out in the garbage! He NEVER ONCE asked me to get the items out of storage, never. I received NO phone calls, no letters, NOTHING. I have asked him over the last 10 months for the items back if he knew where they were, and if he didn't, then to compensate me for his actions.
    The items total approx $5000. He has never responded to my letters, emails, phone calls etc over the past 10 months. I am tired of trying, and want to take him to court over this, but wondering if I have any chance of winning... I had no "lease" in regards to the storage unit, only his saying it was OK... Can I go after him in small claims court without a written contract saying he would let me store the items in his storage unit? Does a verbal agreement stand up in small claims court? Also, producing a receipt for some of the items will be close to impossible. What options do I have? Help!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 18, 2009, 03:30 PM
    Its going to be a toughie. Since you have nothing to prove the value of the items, its going to be hard. Plus, it will probably be he said/she said on whehter he had asked you to remove them. But its worth the filing fee to give it a shot.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jun 19, 2009, 07:30 AM
    Quote Originally Posted by endofcape View Post
    I have asked him over the last 10 months for the items back if he knew where they were, and if he didnt, then to compensate me for his actions.
    Hello end:

    Better hurry. You only have a year to file your case. I'd certainly give it a try. Small claims court is quick, cheap and easy. Who knows? You MIGHT win.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 19, 2009, 10:37 AM

    The Judge will listen to both sides and make a decision. I say it's worth a shot in Small Claims Court.
    Alyeska's Avatar
    Alyeska Posts: 44, Reputation: 0
    Junior Member
     
    #5

    Jun 19, 2009, 11:02 AM

    OMG! And you call him a friend? You should've rented the storage instead of trusting someone. You can't trust anyone completely, even friends and relatives. It will be tough, but you should take hom to court and see what they decide.
    endofcape's Avatar
    endofcape Posts: 5, Reputation: 1
    New Member
     
    #6

    Jun 19, 2009, 06:04 PM
    Quote Originally Posted by excon View Post
    Hello end:

    Better hurry. You only have a year to file your case. I'd certainly give it a try. Small claims court is quick, cheap and easy. Who knows? You MIGHT win.

    excon
    Thanks for the heads up on the year deadline... I am in Florida, so hope that applies for this state. I am going to proceed with small claims court. I have no idea WHEN the items were given/thrown away, but found out the day we went to get some of the items out of the storage unit on July 15th, 2008 and we were not able to because his wife told us he gave it all away or threw it out... Stereo system, computer board, dvd player, xmas decorations, brand new pots and pans and silverware, leather coat, etc... hardly items you would just pitch into the trash... unbelievable... wish me luck...
    endofcape's Avatar
    endofcape Posts: 5, Reputation: 1
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    #7

    Jun 19, 2009, 06:08 PM
    Quote Originally Posted by ScottGem View Post
    Its going to be a toughie. Since you have nothing to prove the value of the items, its going to be hard. Plus, it will probably be he said/she said on whehter he had asked you to remove them. But its worth the filing fee to give it a shot.
    I know Scott, that is what I am worried about too... I have no receipts for this stuff... but 3 people know what items they were, so hopefully 3 peoples word counts instead of just one! Items were a stereo and speakers, dvd player, computer, brand new pots and pans and silverware, a leather coat, all of my xmas decorations, etc... hardly items you would "throw" away... I believe he sold most of the stuff or gave to people he knew... unbelievable! Anyway, will let you know what happens after I file in Ft Lauderdale next week... thanks for the advise...
    endofcape's Avatar
    endofcape Posts: 5, Reputation: 1
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    #8

    Jun 19, 2009, 06:13 PM
    Quote Originally Posted by JudyKayTee View Post
    The Judge will listen to both sides and make a decision. I say it's worth a shot in Small Claims Court.
    Thanks Judy, I agree its worth a shot... I am hoping the judge will take into consideration that I will have 2 other people besides myself who knew exactly what was in the storage unit, and not just ME against HIM... the items were not "junk", but stereo equipment, dvd player, brand new pots and pans and silverware, women's knee length black leather coat, xmas decorations, etc... hardly "throw away" items... I have tried for 10 months to settle with them without court , but to this day, not even one word from them. Have written letters, called, emailed to no avail... I guess its time... thanks for your input...
    endofcape's Avatar
    endofcape Posts: 5, Reputation: 1
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    #9

    Jun 19, 2009, 06:20 PM
    Quote Originally Posted by Alyeska View Post
    OMG! And you call him a friend? You should've rented the storage instead of trusting someone. You can't trust anyone completely, even friends and relatives. It will be tough, but you should take hom to court and see what they decide.
    That's what I am saying too... "friends" of 25yrs! Unbelievable! I did in a way rent part of the unit... I was handling the finances of one of the people while he was put in jail for his number 4 dui... I lent him over $40,000 so he would not lose his home while he was in prison. I would buy a carton a cigerettes once in a while and say thanks for letting me store my stuff there, also fill his car up too once or twice a year... but no written agreement, just its OK to keep it there... NEVER a word of please remove, nothing... and I have a condo 100ft from his front door in Ft Lauderdale!! It actually makes me sick to think about it... it was just a horrible, nasty, thing to do, and I guess now I have to go to court over it because they are saying I abandened the stuff... My phone number has not changed in 10 yrs, my address is the same building as there's for 4yrs, and email has been the same for 12yrs. Not one atempt to contact me, not one... wish me luck, hope this judge is fair... thanks for the feedback...
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #10

    Jun 19, 2009, 07:15 PM
    Quote Originally Posted by endofcape View Post
    Thanx for the heads up on the year deadline.... but found out the day we went to get some of the items out of the storage unit on July 15th, 2008
    Hello again, end:

    That's just a tidge over a year. Let's hope the courts are forgiving... I, however, ain't never found 'em to be so.

    excon

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