QUESTION
What do I do when I'm about to file in small claims for damaged property and the business that damaged the property said they fixed it charge me stora
Asked on Mar 04th, 2022 on Property Damage - California
More details to this question:
So I took my horse trailer a metal Exchange yard and they asked me to leave it there overnight because it was so late. So I agreed but whenever I came back my trailer was damaged very badly as in the sides of the trailer were destroyed by it being picked up by an excavator. I asked for them to pay for the damages. The refused and told me that I needed to get it out of there. I Didn't I just left it there. Because it was not street legal anymore and I fear that moving it would be a mistake. So whatever after a month I was about to file but I messaged the owner one more time to ask him to settle out of court and pay for the trailer and he tells me that the trailer is fixed and he's going to charge me $20 a day for storage if I don't come pick it up by Monday he is go to put a lien on it. So I don't know what I should do. Do I trust that the repairs were done properly and just take the trailer back or do I continue with filing in small claims court? Because they did the repairs themselve
1 ANSWER
1 Award
Did you agree either in writing or orally to pay any storage charges when you dropped the trailer off? If not, you can tell him you never agreed to that arrangement, and any charges he attempts prior to him telling you he will charge you $20/day are void. However, after he told you he will charge you that and you have a certain time to come get the trailer, you will need to either make other arrangements with him or get the trailer by that date to avoid those charges. Check out the trailer to make sure the damage has been repaired. If it hasn't, you can continue to sue him in SC court for that damage (presuming it's less than $10,000 worth of damage). He may try to offset the storage charges in the court case, but given the amount is so low, maybe he'll be agreeable to settle out of court.
Answered on Mar 16th, 2022 at 1:19 PM
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