ladyjewels2000
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posted on September 14, 2004 07:27:10 AM new
I rent a locked shelf in an antique mall. It's not very big but I have a lot of expensive jewelry there - including a diamond brooch and a Sapphire necklace.
The lady who I rent from called last night and told me that she is being evicted for non-payment of rent! She also said that her landlord had put a lien on the entire contents of the building so she can't move a thing including my stuff. They even sent the police to stop her from selling anything and they said they would arrest her if she sold anything else.
She got an attorney and filed bankruptcy so now I won't even get the money she owes me from last month's sales but I am more concerned with my unsold inventory.
She said the lien is not legal but I don't want wait and see. I want my stuff??
I have the Landlord's name and phone number but that's it.
Help anyone?? I don't even know where to start
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OhMsLucy
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posted on September 14, 2004 07:33:29 AM new
Hi Lady,
You need to call an attorney. Here in California I believe the action you would file would be for Claim & Delivery. It's a summary proceding, rather like an Unlawful Detainer (used to boot a tenant). Summary proceedings have very specific and short time frames. Not like regular civil actions.
Good luck and keep us posted.
Edited to add: Claim & Delivery would be for your stuff, not the $$$ she owes you.
Lucy
P.S. The vase did very well. I'm pleased and thanks for asking! 
Vote Aebleskiver! Gotta watch 'dem Escargot...
[ edited by OhMsLucy on Sep 14, 2004 07:34 AM ]
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jackswebb
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posted on September 14, 2004 07:36:09 AM new
How many Other sellers have spaces there? A BIG group of Angry sellers at the front door autta cause quite a ruckus. Power in numbers.
http://pomonaswapmeet.com Click vendor info. click arial view. HUGE. I hang around the ONLY tree. Stop by for a Beer.
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alldings
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posted on September 14, 2004 07:43:09 AM new
Ex-paralegal here..You need to contact an attorney in your area. While there are general rules covering landlord tenant relationships, there are suttle differences from state to state. I cannot and would not give legal advice. However, there are actions an attorney can take to get your property returned as well as file a claim with the court to hopefully get some or all the money you are owed. You will need to produce very complete records. One piece of advice I can give you is do it today!
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alldings
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posted on September 14, 2004 07:43:17 AM new
[ edited by alldings on Sep 14, 2004 07:44 AM ]
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stopwhining
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posted on September 14, 2004 08:10:56 AM new
how expensive are the necklaces ??
are they insured??
consider what if someone plays switch-a-roo and who has the key??
do you have an inventory list ??
do you have photos ??
if you have insurance,read the policy terms now.
-sig file -------Life is one big happy 'All You Can Eat' buffet .
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iareateacher
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posted on September 14, 2004 08:19:38 AM new
There are two problem situations that commonly occur in collective, antique mall or consignment situations.
One is theft. Eviction is the other. It is also not unheard of for a store owner to simply vanish in the night with the best goodies, in which case the dealer has few options.
Ideally the renter would have made sure when signing the rental agreement that these contingencies were covered: who takes the loss in case of theft, and what remedy is available to the renter in case of owner default.
--
earthmum is kind to passersby with peculiar hairdos and especially good at framistating the reticulated doohickeys. A+++++++
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sparkz
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posted on September 14, 2004 09:15:08 AM new
The lady you were renting from is out of the picture now, especially if she filed for bankrupcy protection. The landlord is claiming a lien, and you, as well as the others, must deal with him. Make at least one attempt to physically retrieve your merchandise from the mall. If you are refused, for whatever reason, contact an attorney immediately and pursue a conversion complaint. Make sure you have a credible witness with you when you attempt to retrieve your property.
A $75.00 solid state device will always blow first to protect a 25 cent fuse ~ Murphy's Law
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ladyjewels2000
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posted on September 14, 2004 09:38:26 AM new
The brooch is all that is insured and that's for the appraised value of $2500.00 - I guess. I am reading the policy now.
She said she filed the bankruptcy so that it would put everything on hold and he (her landlord) could not get the vendor's stuff. This is what her attorney advised her to do but her attorney doesn't owe me a thing so can I even trust that advise?
Sparkz
She is out of it now except (new twist)she lives on the property. So the doors are locked with her inside. She will let me in to inventory my items or to take photos but said the police will arrest both of us if I leave with any items? I have rented from her for 7 or 8 years and always trusted her and found her to be very honest. But I don't know what to think now?
She said the trustee will release the items to us when everything is finalized. But by that time she maybe gone and who's to say what will happen.
Wow my head hurts
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sparkz
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posted on September 14, 2004 09:54:50 AM new
Lady...There should be a copy of a court order prominently displayed, usually taped to the front door, which prohibits the removal of anything from the premesis. If not, I would accept her offer to photograph and inventory the items, and once that was done, I would start loading up my property and let her call the police. It's up to her (actually, the landlord) to convince the police that there is a valid court order that prohibits you from taking possession of your property. You are also entitled to a copy of that order.
A $75.00 solid state device will always blow first to protect a 25 cent fuse ~ Murphy's Law
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rozrr
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posted on September 14, 2004 10:22:00 AM new
So the doors are locked with her inside.
Huh?
When an eviction occurs in NYC, the marshall clears out the apartment or business; puts everything on a truck and into storage for 30 days. You have one last chance to redeem your stuff, if you pay everything. If not, they put everything on the auction block.
Once the space is cleared, the marshall padlocks it.
But you don't evict someone by locking them inside the premises.
??????
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stopwhining
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posted on September 14, 2004 10:33:04 AM new
is the police there now??
can they be there 24/7?
how many people have the keys to your shelf??
-sig file -------Life is one big happy 'All You Can Eat' buffet .
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stopwhining
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posted on September 14, 2004 10:35:25 AM new
makes no sense,she has to get out and buy grocery.
do they search her when she leaves??what about at nite??
-sig file -------Life is one big happy 'All You Can Eat' buffet .
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ladyjewels2000
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posted on September 14, 2004 10:37:34 AM new
"she is being evicted"
In Florida - evictions take a long time.
She original rent the building with the understanding that she could live in the back. She is the one who has the door locked now.
The eviction is not the problem here - the lien is the problem!
Sparkz
I think you are correct - if it's not posted on the front door - I'm going to make a list and photograph it all. I'll have her sign off on it and then I'll just take it all with me.
To make matters worst - all of this is in another city and county.
I have a call in to the police department now to ask their advise.
Does anyone think I should call the Landlord directly?
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ladyjewels2000
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posted on September 14, 2004 10:40:25 AM new
She keeps all the keys as I just have a shelf in a larger case.
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stopwhining
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posted on September 14, 2004 10:41:13 AM new
tell you what,if there is a police on site-
tell her to start ordering pizza every day at the same time and save the box.
then one day at that time,you show up with a pizza box and you two pretend to get into a fight over you delivering a bad pizza,while police is not watching,play switcha roo and switch you pizza box with hers stuffed with jewelry.
you walk away swearing with your jewelry while she slams the door on you.
-sig file -------Life is one big happy 'All You Can Eat' buffet .
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stopwhining
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posted on September 14, 2004 10:49:15 AM new
i would not call the landlord unless you know what he is going to say.
-sig file -------Life is one big happy 'All You Can Eat' buffet .
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sanmar
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posted on September 14, 2004 10:59:50 AM new
For God's sake, GET A LAWYER!!! ALL OF THE ADVICE YOU GET HERE ISN'T GOING TO GET YOUR ITEMS BACK!!!
Life Is Too Short To Drink Bad Wine
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CBlev65252
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posted on September 14, 2004 11:24:10 AM new
Here, in Ohio they cannot hold your stuff. You need to produce proof that the items belong to you. That should be easy enough. This happened to a place I worked at. All my personal belongings were locked up. I did get an attorney and the lien holder was made to return my items. But, do this ASAP.
Cheryl
. . .if you still try to defend the infamies and horrors perpetrated by that Antichrist- I really believe he is Antichrist- I will have nothing more to do with you and you are no longer my friend.. . - War and Peace, Tolstoy
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mcjane
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posted on September 14, 2004 11:43:27 AM new
I would go & take the jewelry. If she can let you in you should be able to pick up your stuff & leave.
She should have told you she was behind in the rent & warned you this was coming.
It could take a long time to finalize this & by then you may find your jewelry confiscated or stolen, you probably will never see it again.
Take it while you can before someone else does.
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iareateacher
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posted on September 14, 2004 11:50:48 AM new
Go talk to Manny down at the corner Quickie-Mart.
He can't help you, but he's lonely & always willing to chat.
(Makes just as much sense as hashing it out here...)
--
ewora took my money and sent me stuff!!!! how cool is that!!!! great ebay seller!!!!
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tomwiii
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posted on September 14, 2004 11:59:46 AM new
Did Abu get fired??
Does Principal Skinner know??
As long as the still carry Duff...who cares??!!
"As you know, we don't have relationships with Iran. I mean, that's ever since the late '70s, we have no contacts with them, and we've totally sanctioned them. In other words, there's no sanctions you can't we're out of sanctions." George W. Bush, Annandale, Va, Aug. 9, 2004
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mcjane
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posted on September 14, 2004 01:34:36 PM new
teacher That's true, but it helps to talk & ask for ideas & in the end ladyjewels will do the right thing by making her own decision as to what to do.
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ladyjewels2000
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posted on September 14, 2004 01:57:12 PM new
Thanks mcjane - I was just going to ignore that remark.
I think I have gotten some very good advice today.
I just spoke with her again and there is no notice posted so I plan to call a lawyer in the morning a get a little more advise. I also have a call in to the local police department in that city. I may just request an escort to pick up my stuff. I'm looking for my lease agreement with her right now.
Thanks everyone - at least my head isn't spinning now.
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rozrr
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posted on September 14, 2004 02:18:59 PM new
Lady,
Another idea that might expedite the return of your jewelry: You could get a local PI to make a house call on this person and just simply ask for it back.
I did this recently. This was off-eBay - big buyer where I was giving him the opportunity to see things first hand by shipping the boxes out to him, then he'd look it over, and make me an offer.
Went well twice - wanna guess what happened on the third?
I finally sent a PI who lived 10 miles from him to go ring his doorbell. Didn't cost me much - $130 - and I had already made it clear that if he didn't return our stuff, I now had a local rep who would file criminal charges on my behalf for criminal possession of stolen property. And my guy was a former state trooper.
He handed it right over.
It sounds like your person is in another town - how far away is it?
A lot of PIs are former cops who practice solo. They know the local police and can help to expedite things. They know a lot of law, too, and can give you some ideas of the possible ways in which you can proceed.
The story this person is giving you is full of holes and doesn't make much sense.
Maybe a PI would be a better bet than a lawyer in terms of getting your stuff back ASAP - and it would probably cost you less, too.
If you decide to go the PI route, I can give you my main guy in Mobile, Alabama, who put together a directory of PIs across the nation.
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iareateacher
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posted on September 14, 2004 02:40:29 PM new
Oh. OK. In that case, I need help with a 1031 exchange of what may or may not be "like kind" property.
--
glassgrl glues glitter on tiny mouse galoshes~%~numero uno ebay seller!
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stopwhining
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posted on September 14, 2004 03:31:55 PM new
no,teacher,you need to join the weightwatcher club before you go.
ladyjewel,
i would take it easy on calling local police.
you called once already,dont keep calling and calling,soon they will want to do things THEIR WAY!!
-sig file -------Life is one big happy 'All You Can Eat' buffet .
[ edited by stopwhining on Sep 14, 2004 03:33 PM ]
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fenix03
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posted on September 14, 2004 03:37:51 PM new
personally, I would grab a copy of my insurance policy and any pics I had of the items, a copy of my lease and rent receipt on the shelf qnd a digital camera and head on down. Once I got there I would take a pic of everything on the shelf then pack it up and leave. If the police came I would show them my rent receipt and tell them I was retrieving my property since my landlord was giving me a song and dance that made no sense whatsoever.
At worst, yo get to find out what is really going on, at best, you walk out with your items and leave the soap opera behind.
But that's just me 
~~~ ~~~ ~~~ ~~~ ~~~
If it's really "common" sense, why do so few people actually have it?
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ladyjewels2000
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posted on September 14, 2004 03:54:01 PM new
I have only called the police once and he just returned my call. I must say it was most informative. He was the same officer who was called out to tell her to stop selling (her story) - he said he did NOT threaten to arrest her but advised her to get a lawyer???????
He also said that if I went to get my items and she or anyone else called the police on me, he would not arrest me.
I am calling an attorney in the morning but I think regardless I'm going to get my stuff tomorrow.
Can't believe she lied to me after all these years.
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stonecold613
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posted on September 14, 2004 04:16:43 PM new
Not sure about the law where you are, but here in Minnesota you would have to file a motion in bankruptcy court. Then you would have to wait for a hearing and an evaluation of the value of the items contained in the structure. Then you are going to have to prove that your items are not related to the actual owner (or renter) of the property. This will be a drawn out process. The prime example that happened here was about 4 years ago. A large chain of autobody shops filed for bankruptcy as they were being evicted from there rented buildings. Because of the bankruptcy, all of the mechanics that had tools inside the building could not recover them and go find other employment until the courts ordered in the matter. Those poor guys were out of work for months until the lawyers got their collective acts together so these guys could recover what was rightfully theirs in the first place.
Good luck to you,
You will need it.
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