The plaintiffs brought an urgent motion under Rule 44 of the Rules of Civil Procedure for the interim recovery of their personal property from the defendant moving companies.
The defendants claimed a storer's lien under the Repair and Storage Lien Act (RSLA) for unpaid moving and storage fees, relying on a contract signed on the day of the move.
The court found substantial grounds that the binding agreement was the initial quotation, not the document signed under pressure on moving day.
The court also held the RSLA did not apply as the agreement was fundamentally for moving, not storage.
The court granted the plaintiffs interim possession of their property, conditional on a net payment of $700 to account for the value of services received, less credits and costs.
