Soldier loses items in storage while in Iraq.

[Ranb]

http://www.nbc30.com/news/14103560/detail.html

"Sgt. Bradley Behling is suing the PODS Storage Company for selling his personal belongings while he was fighting in Iraq. PODS employees sold Behling's belongings in an auction last June. Company officials said they made a mistake and auctioned off the wrong storage unit."

For the lawyers here, how is this different than theft? The company took his stuff and sold it. Are they able to avoid arrest just by saying they made a mistake? Can those persons who bought the items from PODS Storage Company be forced to give it back?

Ranb

[Cylinder]

For the lawyers here, how is this different than theft?

I'm no lawyer, but I'm guessing criminal intent - at least on its face.

[NoZed Avenger]

http://www.nbc30.com/news/14103560/detail.html

"Sgt. Bradley Behling is suing the PODS Storage Company for selling his personal belongings while he was fighting in Iraq. PODS employees sold Behling's belongings in an auction last June. Company officials said they made a mistake and auctioned off the wrong storage unit."

For the lawyers here, how is this different than theft? The company took his stuff and sold it. Are they able to avoid arrest just by saying they made a mistake? Can those persons who bought the items from PODS Storage Company be forced to give it back?


It is not theft (lack of intent). It is, however, conversion of the property. Under most states' law, the persons who purchased the property cannot be forced to divest it, though there are a number of exceptions. The storage unit is responsible for paying for the value of the property being stored.

[TragicMonkey]

I would think his insurance would cover it, and then the insurer would, in turn, round upon the storage company in full fury and attempt to sample every last ounce of its precious blood. Then, of course, beyond the actual dollar value of the items, is sentimental value. Which can be pursued in a lawsuit for tons of money.

[The Central Scrutinizer]

From the reports I have read, the company admits they sold his stuff by mistake. They have offered to reimburse him. The problem is, no one can prove what was or wasn't in the storage unit. Apparently, it was a small one, so there was no car or furniture.

The company is saying that based upon the small size, he couldn't have had that much stuff, and offered him $X. The guy is saying that he had all sorts of stuff in there that was valuable, and some was even "irreplacable". So he wants $100X (or something like that).

[this charming man]

From the reports I have read, the company admits they sold his stuff by mistake. They have offered to reimburse him. The problem is, no one can prove what was or wasn't in the storage unit. Apparently, it was a small one, so there was no car or furniture.

The company is saying that based upon the small size, he couldn't have had that much stuff, and offered him $X. The guy is saying that he had all sorts of stuff in there that was valuable, and some was even "irreplacable". So he wants $100X (or something like that).

Wouldn't the PODS have a record of what they sold? This seems like an obvious point. I could be wrong though.

[NoZed Avenger]

Wouldn't the PODS have a record of what they sold? This seems like an obvious point. I could be wrong though.

If they didn't at least take a picture or have an inverntory, then they are idiots.

[rtalman]

Wouldn't the PODS have a record of what they sold? This seems like an obvious point. I could be wrong though.I've been to a few of these auctions from other self-storage companies. They make no examination of the contents of a storage locker, The format was usually "Locker A123, 10'x20'" you just bid blind and roll the dice on what you get. You win, they cut the lock off and you cart away the boxes of (usually) crap.

[Cain]

Mostly crap? Yeah, right. I once watched this documentary and these two engineers built an actual time travel machine, which they kept in a storage facility. I'm definitely going to participate in these auctions now, thanks.

[The Central Scrutinizer]

Wouldn't the PODS have a record of what they sold? This seems like an obvious point. I could be wrong though.

I would doubt it. It's their property. Why would they want to document (potentially) thousands of knick-knacks and other crap?

[rtalman]

Mostly crap? Yeah, right. I once watched this documentary and these two engineers built an actual time travel machine, which they kept in a storage facility. I'm definitely going to participate in these auctions now, thanks.I did score once with 2 NRFB sets of Star Trek Micro Machines that I sold on eBay. The $250 I made almost paid for the storage lockers I bid on.

[TragicMonkey]

Call me a cynic, but I would assume storage companies would check through the items before selling them so they could remove all the dead bodies first. Those tend to give a storage place a bad name. Nothing hurts your business like a headline that reads "FORTY MUMMIFIED BABIES FOUND IN STORAGE UNIT."

[Modified]

Call me a cynic, but I would assume storage companies would check through the items before selling them so they could remove all the dead bodies first.

Not to mention all the valuables. That lock they cut off after the auction is probably the one they put on after they cut the original and removed anything worth having.

[NoZed Avenger]

Call me a cynic, but I would assume storage companies would check through the items before selling them so they could remove all the dead bodies first.

Most don't. I have advocated that they at least take pictures after the sale of contents to protect themselves.

You'd be amazed at the number of people who cannot pay for storage, yet store priceless artwork in their 10 x 10 shed.

[Random]

Mostly crap? Yeah, right. I once watched this documentary and these two engineers built an actual time travel machine, which they kept in a storage facility. I'm definitely going to participate in these auctions now, thanks.

Yes, but they kept the rent paid up, which ironically led to a lot of problems...