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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11549
Experience:  30 years as a practising solicitor.
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We are storing goods in our workshop for a family, they were

Customer Question

We are storing goods in our workshop for a family, they were meant to pay in advance but didn't. We have written asking them to contact us to discuss their intentions, and have sent these letters recorded delivery but have not received a response. We know they have signed for the letters so have received them.
In our last letter we stated that "If we do not hear from you by 15th September 2014 we will begin a process to dispose of the goods in order to recoup some of the lost storage payments."
Could you advise legally what we are allowed to do in respect of the goods. Eg sell the goods to recoup expenses.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
You can't sell the goods straight off. You do have a lien, or security, over the goods so you don't have to hand them back until they pay you.
If they don't pay you, you have to go to the sheriff court to get a decree for the sum owed. You can then ask sheriff officers to attach the goods and sell them to cover your bill and costs.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you, what are the steps we need to ensure we have taken to be able to go to the sheriff court for a decree for the sum owed? To date we haven't issued an invoice, should we do that for instance?

Expert:  JGM replied 3 years ago.
Yes, you will need an invoice but other than that you will just have to narrate the terms of the agreement in the statement of claim.