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Public storage is going to auction off my items for non payment

Gilbert, AZ |

I am unemployed and can not find work. I have exhausted my 401k, savings, etc. and over the last several months I am unable to pay my bills, especially the rent on my public storage unit. They have accessed late fees, legal fees and is now putting my items up for auction. I have called them trying to make payment arrangements with them, and pay what ever I can from the sale of all my jewerly. I asked them if I can sell some of the items in my storage to pay for the rent and that I am willing to sign an agreement/contract stating so. But they are unwilling. What are my rights? Most of the items I can sell and some inwhich are items that belonged to my desease parents, such as the AM flag the military gave to my mom, my dad's military medals, calrinet that dad played in the army, etc.

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Attorney answers 1


You have the right to redeem the property by paying what you owe. You have the right to receive notice of the sale in time to redeem the property. You have the right to sell your jewelry, hold a garage sale, and do whatever else you can to raise the funds. You have a right to attend the sale and low-bid on items of sentimental value. You have the right to get many people to attend the sale and bid so that when enough money is earned to pay what is owed, the sale can stop. You have the right to declare bankruptcy and "start fresh" by wiping out all the late payments owed: you will need to keep current thereafter, or move your stuff out quickly once the bankruptcy is filed, and your bankruptcy attorney will need to go through a lien avoidance process to try to wipe out the lien.

You do not have the right to make them sign a new contract with you: you broke the old one, and they will not trust you to keep the new one. You do not have the right to pull the property out of storage to sell for a better price.

See ARS 33-1704, 33-1705.

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