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If someone has your goods and you want to get them back, you can make a claim in the NSW Civil and Administrative Tribunal (NCAT) for goods to be returned to you or for the other party to pay you the value of those goods.
It is a good idea to try to negotiate with the person who has your goods, rather than starting a case. You can contact them by phone, email, sms or letter. Whichever method you choose, it is important to make sure you communicate clearly, stating what goods you would like back or alternatively the money value of the goods, and that the goods belong to you.
A common way to make a claim for recovery of goods is to send a letter of demand to the person who has your goods. Before you send a letter, you will need to find out their current contact details.
You will need to know the name and address of the person or business who you wish to make a claim against.
If you have not been in contact with them for a while, you will need to find out if the address you have for them is current.
For more information, see Identify the other party.
A letter of demand is a letter to the other party, 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.
For more information and instructions on how to write a letter of demand, see Letter of demand.
If you are not able to negotiate with the party you may need to start a claim against them.
The time limit to apply to NCAT for goods left behind depends on the value of the goods and the type of order you want.
For more information, see Going to NCAT.
If your case does not fall under the Uncollected Goods Act 1995, you may be able to start a case in the Local Court. For more information, see Going to the Local Court.
Before a person can dispose of your goods, they should give you notice to collect your goods. The amount of notice depends on the type and value of the goods. If you did not collect your goods after receiving the correct notice, you may not be able to start a claim. For more information, see Giving notice before disposing the goods.