Madison County Circuit Judge William Mudge scheduled a jury trial for next year in a suit alleging a Collinsville storage company sold a man’s personal property.
In his March 23 order, Mudge scheduled a jury trial to begin on March 20, 2017.
Plaintiff Gary Tedford filed his lawsuit on Sept. 1 against Ace Ventures-Collinsville LLC, doing business as Ace Storage.
According to the complaint, Tedford claims he began storing his personal belongings at Ace Storage on Aug. 23, 2014, with the understanding that he would receive a late payment notice if his payments were 10 days overdue.
He claims Ace Storage failed to send the reminder and neglected to advertise a public auction of Tedford’s belongings. Instead, the plaintiff alleges Ace Storage distributed his stored items to its employees, sold items at an auction and has refused to return the items to the plaintiff.
Ace Storage filed a counter-complaint against the plaintiff, arguing that Tedford’s claims are barred because he “committed a prior material breach of the agreement between the parties in that, among other things, Plaintiff failed to make timely payments under the agreement.”
The defendant adds that Tedford received notice of the delinquent balance on his account and that an auction date had been scheduled.
Ace Storage also argues that it was privileged and authorized to conduct an auction with respect to the personal property stored in the storage unit in order to attempt to satisfy the statutory lien held by the defendant.
The defendant alleges Tedford came to the storage facility on July 16, the day before the scheduled auction, and paid approximately half of the outstanding balance. However, he immediately “changed his mind” and demanded that the cash be returned to him, which the defendant did.
Ace Storage says the plaintiff knew of the auction and still chose not to pay the balance and left the facilities.
Tedford answered the counterclaim on Dec. 3 through attorney Randall Steele of Steele Law Offices in Glen Carbon. He denies liability in the case.
Ace Storage is represented by attorneys Theresa Phelps and John Gazzoli Jr. of Rosenblum Goldenhersh in St. Louis
Madison County Circuit Court case number 15-L-1131