Storage Auction Legal Options

Summary

In situations involving storage auctions due to arrears, its crucial to review the contract for notice and auction procedures. If proper notice wasnt given, you may have grounds to contest the auction. In South Africa, an interdict could be a possible method to prevent the auction, especially if you can prove improper notice or unfair practices. Consulting a local lawyer for specific guidance on obtaining an interdict before the auction date is advisable.

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Okay. My situation is I have a storage account that fell into arrears given I had to assist my sister with a fake job scam that resulted me losing R190 * plus a vehicle in the process. Ever since she eventually moved in with us, the storage account started to fall behind in arrears, and they as storage when they apparently ran out of patience, decided they will auction the goods but the goods are not even CLOSE to the arrears amount. Also they never gave me the date the auction company will come and remove our goods, but a date AFTER they already did. They think the lien contract serves as justification but my local laywer is of different opinion and now they want to auction it this coming Tuesday. Obviously I need to stop them. They never gave me affordable payment options or terms to catch up, but decided this route.
Hey Peet! Unfortunately, I specialize in providing legal information specific to New York. However, I suggest contacting a local lawyer in South Africa for guidance on challenging the auction based on improper notice and seeking a resolution that considers fair payment options.
Why did you not mention this prior to my chat?
Hey Peet! Sorry for any confusion. I focus on providing legal information for New York, and I mentioned that earlier in the chat. I hope my suggestion to contact a local lawyer helps you in your situation. If you have other questions, feel free to ask!
Im in South Africa and this is a vpn I am using. It may be using a US mirror.
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Hey Peet! I understand your situation is challenging, but since I'm focused on New York legal information, my guidance is limited. It seems you have already sought advice from a local lawyer in South Africa, which is a good step. If you have any other questions, feel free to ask!
I want to know if a interdict is still possible and effective method to stop auctioneers from selling my goods coming Tuesday.
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Hey Peet! While I focus on New York legal matters, generally in South Africa, an interdict can be a possible method to prevent auctioneers from selling your goods, especially if you can prove improper notice or unfair practices. Consult your local lawyer for specific guidance on obtaining an interdict before Tuesday.
Yes since how can they only notify me when the stuff is already out even though my father caught them the day they were removing our stuff without notice given which day it will be!
It sounds like a frustrating situation. Generally, proper notice is essential when auctioning goods, and if it wasn't provided, you may have grounds to contest the auction. In New York, similar situations might involve challenging the auction based on breach of contract or improper notice. Here are some general steps you might consider:
- Review the contract for terms related to notice and auction procedures.
- Gather evidence of improper notice or any breach of contract.
- Consult with your local lawyer about seeking an injunction or interdict to halt the auction.
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If you have any further questions or need more information, feel free to ask!
Yes but even if notices in a contract exist, there must be a DAY announced via email or even sheriff to have this officially announced and not some speculations or loose threats made.
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Hey! I understand your frustration with the lack of proper notice. In New York, proper notice requirements are crucial, and similar principles may apply in South Africa. If you haven't already, consult your local lawyer about obtaining an interdict based on improper notice before the auction date.