They make these charges too frequently and charged me a $100 auction fee though my locker never went to auction. I'm on social security and cannot pay. I am a senior and still work when possible. My personal papers, clothes, tools, and books are nothing I can lose. Can I sue for diminution of services? They don't allow access when I owe them. I need to place them on notice to stop gauging me, legal or not. This is unfair and excessive. I need my money for my rented room, food, and medicine. I cannot feed a highly profitable corporation at an increasing rate. The company is STORAGEPOST, on Fordham Road in The Bronx.
Estate Planning Attorney
You can sue them in Small Claims Court - alleging fraud, misrepresentation, elder abuse among other things. Small claims court covers disputes up to a certain dollar amount and does not involve you hiring an attorney. Good Luck!
Contracts / Agreements Lawyer
The monetary limit for Small Claims Court in New York is set at a maximum of $5,000.00 except in town and village courts where the limit is $3,000.00.
You can do small claims court if you feel the time and energy is worth the money and moral principal.
Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC
Based upon the information you are providing I do not think you will be successful in court, small claims or otherwise. Storage company contracts commonly include a series of extra fees and legal recourse for the storage company when the renter does not pay on time. Unfortunately that is the nature of their business and there is nothing wrong with it. If there is something in the contract that is deceptive or legally prohibited you may have a case but if you are not able to specify a claim you will be wasting time and more money. Further, if you do have a viable claim, what money have you lost (you mentioned paying an extra $100 fee) to the company. You will have to be able to prove that you were damaged. Often the small claims clerks office can be helpful and you may want to contact the Bronx Bar association for some free advice and ask if someone can review the contract with you.
All comments and/or opinions are for general information, and do not create an attorney-client relationship. In order to obtain a comprehensive and accurate legal opinion you should consult an attorney with the specific and detailed facts or your case/question.
Criminal Defense Attorney
If you go to small claims, it must be to seek a monetary judgment. I suggest that you obtain some pro bono (free) services from inquiries through the local county bar association, since you seem to have limited financial resources.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.