"Friend" Let My Property Go to Auction Without Notifying Me

[inkslinginwaterfowl]

My question involves personal property located in the State of: Florida
I was under the impression that my friend had an apartment for the two of us and a job for me is why I'm in FL. I left the vast majority of my things in his storage unit for the two weeks he needed to move his uncle out of the house. Long story short...I've found myself a job and a place of my own about 4 hours from him, so I call to say that I'm coming to get my stuff back and he tells me that he doesn't have it anymore. Gives me some crappy lie of a story, so I research what I can and find out that he spoke with the company on August 9th about them planning to auction the contents off. No warning to me, no call, text, email, snail mail, smoke signal, ect. Waits for me to be on my way there to tell me a lie about it.

I had some pretty important things in there, besides my artwork (though I am a tattooist so art is where I make my living) I had SSN info, my birth cert, bank statements, tax info, ect. As well as about $15K in tattooing equipment and personal items.

I'm wondering where to start in an attempt to get restitution from the guy. I can't let my whole business go like that with nothing more than a "sorry dude"

[Dogmatique]

The first thing you need to do is get in touch with the storage unit; very generally speaking they cannot auction off personal documents such as your birth certificate, etc.

When did you leave? How long was it between you leaving and getting back in touch with him?

[inkslinginwaterfowl]

I had been in touch with him right along, phone calls and emails at least every other week, though it has been about 9 months since leaving my things in his care.

The documents, including legally binding confidentiality contracts and propriatary informations where locked in a safe. They left along with the rest of my life's work.

[jk]

the details in this are what is going to make the difference as to what you can do and have a right to.

What was the agreement as far as you storing your stuff at the guys unit? Free, paid by you, some financial input by you?

Any discussion as to how long you could leave it there?

From what you have described, it sounds like you probably have a valid claim against the guy for your losses. Now, all you have to do is figure out your losses and make a claim. If he should refuse, you would consider suing him. For the value of what you describe, you are probable beyond small claims court ($5000) although used tattooing equipment is not worth as much as brand new equipment. Just the same, everything depreciates so the value of your property is not new prices but the depreciated value. If beyond the limits of small claims, you can either choose to limit your claim to the $5k and sue in small claims or go all the way and sue in a superior court. Most people will need the services of a lawyer to do so so, you need to figure that in the overall picture and which path is the best for you.

Then all you have to do is collect on the judgement (if you win). That is a whole new game.

[Dogmatique]

You may have legally abandoned your belongings, I'm afraid.

Were you paying anything towards the cost of the storage unit? Do you have proof that your belongings were there?

[inkslinginwaterfowl]

This is what I'm fearing...no, I have no proof, save witnesses whom I do not know, though the friend does. No payment for me or asked for by him, and no discussion about the length of storage usage.

[Dogmatique]

Though the burden of proof in small claims is substantially lower than in other courts, the burden is still on you to prove you have a valid claim.

If it comes down to "he said, she said", the other party is likely to prevail.

Having said that, a consultation with a local attorney might not be a bad idea.

[inkslinginwaterfowl]

My name is plastered on all the documents, and being an artist I have an insignia that I apply to all of my art. Though short of tracking it all down I can't see where that really helps. I have my doubts that he would deny ever having stored my things, and I'm certain storage company has video cameras up.

Grasping for straws, I know, but this is one hell of a set back for me.