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Recently my boyfriend and I have fell victim to someone elses dumb mistake. We had a storage unit which contained not on all of our household goods but many non replaceable priceless personal items. Unfortunately, our unit was accidentally auctioned off in a public auction. It was done because of an employee who failed to make documentation (so were told) of correspondance between myself and the storage facility. There for rendering our belongings as abandoned. We are just devistated over this. No one can ever replace many of the items, not even with money. We had well over $30,000 in household items that are now gone. What type of attorney would I contact in order for legal recourse?

2006-12-14 06:24:35 · 6 answers · asked by somebodys_watchn_you 3 in Politics & Government Law Enforcement & Police

6 answers

If you're military (you used the words "household goods" so I'm guessing) I would suggest contacting the base JAG office - specifically the legal claims department. They can give you pointers and questions to ask perspective lawyers and should have a list of locals (although I doubt they recommend one directly). Don't hire the first lawyer you talk to and don't give them a retainer. Interview several and ensure they take your case contingent on winning and you pay nothing if you lose. Your case is probably too large for small claims court, but that depends on where you live. Finally, the easier you make it for your lawyer the better deal he will be willing to cut - yes there will be negotiating fees. Take as much info (reciepts, etc) with you and walk him through the case step by step. Good luck! E-mail me if you want more info. DZ

2006-12-14 07:07:35 · answer #1 · answered by Drop Zone 2 · 1 0

Clearly, you need a civil case or contract lawyer. If the amount involved was small say, in the $5,000; you could pursue it in a small small claims court. This way, you would avoid exorbitant lawyer's fees. If you have house or renters' insurance, you could claim as much as $ 2,000 as your loss. You could claim the full amt in increments in your income tax returns. To me, that's the best recourse.

Before, you decide to pursue this legal matter, you should check the fine print in your rental contract. Most of them, as I have experienced, have a disclaimer clause. They clearly states, that they are not responsible for any loss. You have to carrry your own insurance to cover those items. This insurance is specific and different from your house, or renters' insurance. Even, if they were clearly liable for your loss. If your renter's fees were current, you have a case. Usually, the contract states the period they give you before you're considered delinguent. And they are obliged by law to notify you in writing. It's one thing to be on the side of the legality of the law. And quite different, to have it enforced.

You'll find that no lawyers will undertake your case as it's a small amt for them. The amt of work involved doesn't justify the monetary returns for them. You would need a lot of documentation. The original receipts or appraised value of such items. Depreciation factor has to be considered.

All the above hassles and headaches and expenses involved won't be worth your while to squander. Your best bet is to report it in your income tax returns. I hope this advice helps.

2006-12-14 06:53:45 · answer #2 · answered by rosieC 7 · 1 0

I'm sorry to hear about your loss, its kinda hard when you lose something of sentimental value. This looks to be a matter of contract law or tort law- the latter relates to negligence etc. So you could sue for the negligent act and claim damages from whomever made the error. If you had a contract- you could sue for breach of contract under 'mistake'. I'm from the UK so I don't know if it works different in the US. Good luck in seeking to recover the costs.

2006-12-14 06:46:09 · answer #3 · answered by Anonymous · 0 0

It's a civil matter. Get an attorney that specializes in civil suits.

2006-12-14 07:29:28 · answer #4 · answered by Keith 5 · 0 0

depends on what state you are in, some have different specializations than others.

I would just look in the phone book first, and contact any lawyer. If he cant help you he can suggest someone else who can.

2006-12-14 06:28:54 · answer #5 · answered by Kutekymmee 6 · 0 0

Any personal injury lawyer will be able to handle your case. This is a civil case, not a criminal case.

2006-12-14 06:29:09 · answer #6 · answered by WC 7 · 0 1

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