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November 01, 2018

Storage Liens

I rented a storage unit to store some belongings during my deployment. I missed a payment, and the storage company is threatening to sell my belongings. Can this happen?

Under the SCRA, anyone with a lien against you cannot foreclose on that lien without first going to court and getting a court order. This applies to all kinds of liens for payment: storage liens (as described in the question above), mechanics’ liens (for auto repairs), charges for dry cleaning not picked up—there is a wide variety of these kinds of liens.

In short, if you owe someone money, and that person is holding your property and wants to collect on the debt by selling or disposing of your property, the SCRA requires that person to first go to court and get an order allowing the sale or disposal.

If you find yourself in this situation, talk with your military legal assistance attorney about your options. Tell the creditor you have SCRA rights and expect them to be observed.