How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

We are storing goods in our workshop for a family, they were

This answer was rated:

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.
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?

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.