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Old 04-14-2008, 11:21 AM
KayBee KayBee is offline
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Join Date: Apr 2008
Posts: 38
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Thanks for the opinions. It's so nice to have other owners/managers to bounce things off of.

Colleen, like you, I weigh options against potential outcomes and go with what I think is best - or at least the most defensible. I only have limited funds for attorney fees. We have taken many debtors to court ourselves and have (knock on wood) never lost yet, although there have been a few in which the judgement was virtually uncollectible.

The payment plan specifically provides for the auctioning of the tenant's goods if he defaults. So, I think we're probably ok there, but I don't want to have to carry this deadbeat for another 2 months and go to the time, trouble and expense of the lien process again unless, legally, it's required or prudent.

My state (Michigan) makes no mention of this kind of situation in the foreclosure laws that govern self storage. HOWEVER, what I may have to ask my attorney is this: Are there other laws that apply to all lien situations which may be relevant here? Not being an attorney, I have no idea if there is some general lien law process that applies to all such situations, no matter the industry. That may be the missing piece I'm looking for.
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