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01/03/2017

Are storage facilities required by law to auction the unpaid units

West Pine Storage - Mike Upchurch

Are storage facilities required by law to auction the unpaid units ?? Several times in the lien laws of NC it says "public sale or other disposition of personal property". I know of several facilities that have never had an auction. To me this is not black or white. Any insight ??

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2 Comments

Kevin Leebrick on Wednesday 01/04/2017 at 12:54PM wrote:

I agree it's not clear, black or white. It clearly says you have the ability to dispose of the property with out going through the auction process. I would say you still need to go through the lien process. You would just leave any word of a auction out of your lien letter. That being said, if you would go this route I would say you should give up your right to send to collections.
What do others think?

Doug Pierce on Thursday 01/05/2017 at 05:46PM wrote:

A State auction allows you to recoup the funds you are out due to the customer's inability to pay. You do not need to sell the items, however, you should still follow the process timeline the State lays out regarding when you would have sold the items (prelien/lien), but instead either throw the items away, or donate them (if they are of value) at said deadline. If you do donate, I would get receipts to put in the customer's file, just in case they come back with a lawsuit. It's all about following the same structured guidelines, no matter what you decide. Hope that helps.

Disclaimer: The opinions expressed in the comments shown above are those of the individual comment authors and do not reflect the opinions of this organization.