• photo of goods waiting to be sold

How to sell uncollected goods to recover your invoiced amount

How to sell uncollected goods to recover your invoiced amount 1024 768 MJT Law - Brisbane Employment Lawyers

In Queensland it is possible to obtain the right to dispose (sell) uncollected goods which have been accepted in the course of business for inspection, repair, storage or other treatment.  To be entitled to sell those goods under the Disposal of Uncollected Goods Act (“the Act”) a number of steps need to be followed to ensure you or your business has complied with the Act.

If you intend to sell an uncollected vehicle or good under the Act, you need to satisfy the requirements under the Act by taking the following steps:

  1. Display a Sign

Customer’s need to be aware that you may assert your rights under the Act by displaying a prominent sign at the business stating that if the goods are not collected or the invoice is not paid within six months then you will exercise your power of sale.  The text of the sign must read:

“The Disposal of Uncollected Goods Act 1967 covers inspection, custody, storage, repair and other treatment of goods. Under this Act, uncollected goods may be sold six months after the date on which they were ready for collection.”

  1. Notice that goods are ready

Give your customer written notice that the good is ready.  When you give notice that the goods are ready to be picked up the notice must also state that if the invoice is not paid for or the goods are not picked up then you may exercise your rights under the Act if your customer fails to pay or pays but does not pick up the vehicle.

  1. Notice of intention to sell

 After six months from the date of notice that the goods are ready you must give another notice to the customer informing them of your intention to sell to goods.  In addition to providing the customer notice you will need to place that notice in both a local and state-wide newspaper.  If the notice pertains to a vehicle you will also need to publish the notice in the Queensland Government Gazette.

  1. Advertise your intention to sell

A notice of your intention to sell the vehicle must be published in:

  • a local newspaper;
  • a newspaper published in Brisbane and circulated throughout QLD; and
  • the QLD Government Gazette.

The notice must have the following

  • make, model and colour;
  • registration, chassis, body, vin and engine number; and
  • details how the vehicle is in your possession.
  1. Notice to Commissioner of Police

You will need to also provide notice to the Commissioner of Police including the following:

  • make, model and colour;
  • registration, chassis, body, vin and engine number; and
  • details how the vehicle is in your possession.

You must then obtain a certificate from the Commissioner of Police that the vehicle is not stolen

  1. Applying to Court

To recover the invoice amount and recover your costs of removing the goods you will need to make an application to the Courts for an order to sell the goods.  The Court will not make that order if there is an ongoing dispute over costs or quality of any repair made.  If you intend to make an application to the Court, then it is in your interest to first resolve the disputed amount.

The information in this document, broadcast or communication is provided for general guidance only. It is not legal advice, and should not be used as a substitute for consultation with professional legal or other advisors. No warranty is given to the correctness of the information contained in this document, broadcast or communication or its suitability for use by you. To the fullest extent permitted by law, no liability is accepted by the publisher for any statement or opinion, or for an error or omission or for any loss or damage suffered as a result of reliance on or use by any person of any material in the document, broadcast or communication.