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If you left your goods with someone

Information about how to get your goods back.

If someone has your goods, you should send them a letter of demand asking them to return your goods to you, or alternatively, pay you the money value of those goods. 

The letter should tell the other person what goods you want back (or how much money you want them to pay you), and what will happen if the goods are not returned or money is not paid.

In your letter of demand, you should explain:

  • What goods you want back
  • If you would accept payment for the goods
  • that you own the goods and they have no legal right to keep them
  • the date you want the goods back, and how you want it returned
  • that you will start legal action if the goods are not returned or payment is not made by the time specified in the letter
  • that they be responsible to pay your legal costs and interest on the claim.

You can send the letter of demand by post, fax, email or in person. Remember to keep a copy of the letter for your own records. 

Sample: Letter of demand - goods

The other party might respond to the letter of demand by:

  • agreeing to return the goods to you
  • telling you they will pay you money instead
  • disputing the goods belong to you
  • asking for more information
  • negotiating with you
  • asking to go to mediation
  • ignoring you.

If you can't reach an agreement with the other party, you may need to decide whether to start a case. It is a good idea to try to resolve your dispute with the other party first.

You can try to resolve your dispute by negotiating​ directly with the other party. You can negotiate in person or in writing. If you are negotiating in writing, and making a settlement offer, you should write the words ‘Without prejudice’ at the top. This means that your offer can’t be used against you if you end up in the Tribunal or the Court.

If you need help negotiating, you could arrange for an independent person to assist you both through a process called 'mediation'. A mediator can help parties talk to each other and come up with a solution. 

Mediation is a free service offered through Community Justice Centres. For more information, see What is mediation? on the Community Justice Centres website. 

If you reach an agreement, and you want the agreement legally binding, you should put it in writing as ‘Terms of settlement’ or ‘Settlement agreement’. There is no set form. 

The agreement can include:

  • ​​a description of the goods to be returned, or the amount of money to be paid instead
  • when the goods will be returned or the money paid
  • how the money will be paid, for example by cheque, cash or electronic funds transfer
  • the payment of interest on the amount agreed to be paid
  • ​payment by instalments and the dates the instalments are due
  • ​​what will happen if the good are not returned, or the amount or the instalments are not paid by the agreed date.

Sample: Terms of settlement

If you are unable to resolve your dispute with the other party, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order.

NCAT can make an order for:

  • removal or disposal of the goods
  • delivery of the uncollected goods
  • sale of the uncollected goods
  • payment of compensation.

For more information about going to NCAT, see Step by step guide - Applying to NCAT for uncollected goods.

You may need to go to the Local Court if:

  • you are trying to recover your goods and the NSW Civil and Administrative Tribunal (NCAT) tells you they can’t hear your matter because it does not fall under the Uncollected Goods Act 1995
  • your matter can't be heard in NCAT because of a federal jurisdiction issue. 

Before starting a case in the Local Court, it’s important that you first try to resolve your dispute. Community Justice Centres provide free mediation services in NSW.

If you can’t to resolve your dispute, you should think about whether it is worth going to court as you may not get the outcome you want. 

The time limit to make a claim in the Local Court is six years from the date the money was owed, when a last repayment was made, or when it was last acknowledged in writing. 

If you are not sure if you should apply to the Local Court, get legal advice. 

For more information, see Step by step guide - Applying to the Local Court for recovery of goods.