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  1. #1
    chuck is offline Junior Member
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    Feb 2008
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    Michigan
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    Question Pre-Auction Unit Break In

    We had an auction last Saturday. But, just a few days before the auction we had one unit broken into. It was one that was scheduled for auction. We called the customer and he would not come in to file a report with us or the police. We are 99% sure he broke into the unit. The police would not file a police report for us. They would only do a entry into their computer system with a reference number. They said it was up to the tenant to file the report. I explained that in Michigan we have a lien on the property when it enters our facility. The police said it was only a civil matter between us and the tenant and would do nothing else. Has anyone dealt with this before?? Is this true?? We are not completely sure it was the tenant so would it still be a civil matter if someone else broke into the unit and stole the property??

    Any comments would be appreciated!!!

  2. #2
    Autodoc's Avatar
    Autodoc is offline Mod eMeritus
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    Jan 2008
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    Jamestown, ND
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    Default

    It's probably too late now, but I would have reported it as a break in -- I assume you have no video surveillance.

    I am no lawyer, but once you tell the police that you suspect the tenant you are done for. It them becomes a civil matter.

    I did have this happen once before -- discovered it during the auction -- sold the unit anyway, and got a good price for it too!!

    Good riddance to bad trash!!!
    Wayne
    Jamestown, ND


    All arguments can be resolved ... with high explosives and Humor!!!

  3. #3
    SunnyBoy is offline Junior Member
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    Feb 2008
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    Default

    The police will not do much other than log the report. Continue with the auction and unload the deadbeat.

  4. #4
    chuck is offline Junior Member
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    Default

    Thanks for the input!!!

    We did the auction as planned.

  5. #5
    Join Date
    Oct 2008
    Location
    North Bend, WA
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    Default

    If this ever happens, check to see if your lock or hasp was broken into. I've had experiences at a previous property where the tenant was out of state and couldnt file a report right away. i had police write up a report as breaking and entering of my facility. they couldnt write up the report for contents of the unit.

    -Bobby

  6. #6
    Chuck_Siegal is offline Member
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    Feb 2009
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    Las Vegas, NV
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    Default Theft of Service

    In California, we have a "theft of service" statute. Most of the cops (I was one of them) didnt know the law existed for situations like this.

    In essence, you can file a theft of service report (the term service being liberally applied). In addition, you can file a burglary report in California. A burglary is entering a building with the intent to commit theft (in this case theft of service). You can also file vandalism for cutting your overlock.

    Now with that being said, good luck finding an officer that will actually take the report, and even if they do, good like getting a DA to file, just because they would rather you take the civil route.

    You may have more luck in a smaller town but in a metropolitan area, dont waste your time. You will have better luck in Small Claims Court suing for the amount of the lien. It only takes 51% proof that they stole their own stuff to prevail.
    The views expressed on this posting are not necessarily the views of anyone, including me. Nothing in this message should be construed as advice to anyone, nor should it give the impression that I actually know what I'm talking about.

  7. #7
    pshedrick's Avatar
    pshedrick is offline Member
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    Wilmington, NC
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    Default Amen -move on

    Quote Originally Posted by SunnyBoy View Post
    The police will not do much other than log the report. Continue with the auction and unload the deadbeat.
    Amen move on- the deadbeat is not worth it !
    Super Storage Group-NC, KY & AL

 

 

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