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  1. #1
    Join Date
    Feb 2019
    Posts
    1

    Default Can You Sue for the Contentns of Your Locker, Emptied by Mistake

    My question involves a consumer law issue in the State of Texas:

    I am a student at a university where we have the option to pay for a locker service at our gym. In September 2018, I paid for the locker to last until May 2019. In November, I received an emailing stating "renew your locker or we will empty it out, so in early December 2018, I confirmed that I could leave my belongings in the locker over the winter break - which the employee told me I could because my locker does not expire until May 2019. When I came this month, I found out my locker combination was changed and my locker was empty, yet it was still under my name. I met with the customer service director who found out what happened: when I renewed my locker in September, the employee did not manually add the winter break period into my payment, so during winter break, the locker was not under my name until January 15th. Hence, they emptied my locker on December 15th and tossed my stuff on January 15th without notifying me.

    She had offered complimentary services until I graduate at the end of this year (thus, free locker for Summer and Fall 2019) because she supposedly could not give me a refund. I realized later that I could not access the locker in the summer because I will not be paying summer tuition fees that would let me access the gym (I only have two classes left to graduate).



    In the "conclusion," the customer service director gave me my refund, retracted the complimentary services offer, and told me that I would have to pay for the service again if I wanted a locker. She did not mention anything at all about compensating for the items thrown away. She concluded the dispute with the following statement in her email: "The situation was resolved to best of our ability and there is no need for further communication regarding this matter."

    The problems:

    On the receipt from September 2018 (that I do not have), there was a date range of January 15th, 2019 - May 15th, 2019. When the employee was supposed to change the date to December 15th, 2018 - May 15th, 2019.

    I do not have a full list of what was in the locker, however, the director told me that they keep a list of the items they collect from the locker.

    I do not have any receipts for the items that were tossed out (For example: I bought a pair of shoes at Ross, but it's part of many items I bought. Or a Nike backpack I have had since high school). It was worth at least $70 altogether.

    EVERYTHING (records of my payment, records of the locker being emptied out, list of my items, etc) are on the customer service director's computer... while I have none of it.



    Is there any way I can file a small claims lawsuit regarding this issue? Especially because they threw out my items without notifying me? If I had received an email that my locker was emptied out and I had a month to pick it up, I would have came to the gym that very same day to ask "What's going on? I already paid for the locker." Also, I would like to add "emotional distress" because of how (1) I found out the night before a business dinner on February 5th right when I was in a rush, and (2) the director told me they had tossed out my stuff on February 6th, implying that the employee did not check if my belongings were still in the facility and that the employee did not pass on my information to the director to prevent her from throwing anything away (she told me later that she had tossed out my belongings at an earlier date: " I double checked with the employee that assisted me with cleaning out the lockers and the date was February 1 not February 6th. So, that is my fault. ")

    My grades have started dropping. I'm already going through major family issues. I had to deal with mold in the air vents at my place when school first started. I already suffer from anxiety and depression, and this situation is not helping me at all - especially when I know how customer service should handle their company's mistakes.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,433

    Default Re: Texas: Suing for Emptied-Out Locker That Was Paid for

    In November, I received an emailing stating "renew your locker or we will empty it out, so in early December 2018, I confirmed that I could leave my belongings in the locker over the winter break - which the employee told me I could because my locker does not expire until May 2019. When I came this month, I found out my locker combination
    was the confirmation of dates provided in an email? Do you still have access to it?

  3. #3
    Join Date
    Mar 2013
    Posts
    16,790

    Default Re: Texas: Suing for Emptied-Out Locker That Was Paid for

    Quote Quoting cmp4048
    View Post
    I do not have a full list of what was in the locker, however, the director told me that they keep a list of the items they collect from the locker.

    I do not have any receipts for the items that were tossed out (For example: I bought a pair of shoes at Ross, but it's part of many items I bought. Or a Nike backpack I have had since high school). It was worth at least $70 altogether.

    EVERYTHING (records of my payment, records of the locker being emptied out, list of my items, etc) are on the customer service director's computer... while I have none of it.
    Life lesson from the school of hard knocks. Keep better records. You obviously have a computer and know how to use it. Keep receipts and records on your computer. If you don't have a scanner you can photograph them with your camera phone and save them to your computer. Ditto any financial and personal records. These days there's no excuse for not keeping good records.

    Quote Quoting cmp4048
    View Post

    Is there any way I can file a small claims lawsuit regarding this issue?
    Sure. The same way anybody else does. You get the forms from your local court, fill them out, file them and serve them on your opponent. Here are the Texas Rules of Civil Procedure. You'll find the small claims (Justice Court) rules starting with Rule 500.

    http://www.txcourts.gov/media/1055394/trcp-20150901.pdf

    Understand that, if you win, you would only get the used value of your items. As for your opponent, the rules allow limited discovery with the consent of the judge. See Rule 500.9. If you get consent, you can require that your opponent provide you with your documentation.


    Quote Quoting cmp4048
    View Post

    Also, I would like to add "emotional distress"
    No. Not gonna happen. All you can sue for is money.

  4. #4
    Join Date
    May 2014
    Posts
    181

    Default Re: Texas: Suing for Emptied-Out Locker That Was Paid for

    Quote Quoting cmp4048
    View Post
    My grades have started dropping. I'm already going through major family issues. I had to deal with mold in the air vents at my place when school first started. I already suffer from anxiety and depression, and this situation is not helping me at all - especially when I know how customer service should handle their company's mistakes.
    Sorry bud, none of this has anything to do with locker contents. You already stated you do not have a list of what was in your locker. Therefore I would assume it probably doesn't equal greater than $200 in value. Time to move on. Don't let this affect your anxiety and depression - if you do, it is your fault that you are dragging this on, not anyone else.

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