Once a Court Order has been obtained
If you sell the goods (pursuant to a court order)
Deduct from the proceeds all of your lawful and reasonable moneys owed, charges and sale expenses (including advertising, storage, sales commission, insurance, etc.
If there is a shortfall, you may claim the balance from the party who left the goods with you, as a debt in a court of competent jurisdiction.
If there is a surplus, deliver the surplus to the person who left the goods with you. If the person who left the goods with you cannot be found and the surplus remains unclaimed for 28 days, lodge the surplus with the State Treasury along with a Form 14* ‘Record of goods disposed under court order’.
If you dispose of the goods other than by sale
You may claim your outstanding charges from the party who left the goods with you as a debt in a court of competent jurisdiction. Within seven days after the sale or other disposal you must complete a Form 14* ‘Record of goods disposed under court order’
Within 14 days after the date of sale or other disposal you must file a copy of Form 14* ‘Record of goods disposed of under court order’ in the Court, where any person claiming an interest in the goods may inspect it. Failure to complete and file Form 14*, or preparation of a document that is false leaves you liable for prosecution under the Act.
*All references to forms are those set out in Schedule 2 of the Disposal of Uncollected Goods Regulations 1971.
Share this page: