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Someone owns me money, I hold his two shipping containers…

Customer Question
Hi, Someone owns me...

Hi, Someone owns me money, I hold his two shipping containers and ask him to pay the money, but he did not do it. So I had send him the statement of claim, with this issue do I response for these two containers detension fees?

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

NSW

Lawyer's Assistant: What steps have you taken so far?

On 30/01/2018, send him the statement of claim from local court, and yesterday just received respond letter from his lawyer attached the notice of plead

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

None, just wants to know for the shipping containers detention fee, who will response it

Submitted: 4 months ago.Category: Australia Law
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Answered in 4 minutes by:
3/29/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,928
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon

Do you have a lien over his items? Do you have an agreement where they will pay you to hold the containers?

If not you cannot hold them.

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Customer reply replied 4 months ago
I am the container transport company, these two containers which was he send me the job to delivery to client, but he refuse to pay my work, so I hold these two empty containers and ask him to pay.
Solicitor: Leon, Solicitor replied 4 months ago

Does your contract allow you to hold them if he does not pay?

This is my question.

If not he can cross claim against you.

But you have the right to sue him as you have.

If you are successful you would get orders to be able to sell the containers.

You cannot charge him a fee unless the contract you have with him allows you to.

If not you cannot charge him as he is not aware of the fee.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
I don't have any contract, but I send the message told to him to payoff my work, otherwise will hold these containers, He said it doesn't matter.
Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon

Did you say you will also charge him holding fees?

If not you cannot charge them.

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Customer reply replied 4 months ago
No, shipping line will charge the detention fee for dehire containers overdue. My question is shall I response for the detention fees.
Solicitor: Leon, Solicitor replied 4 months ago

I do not understand what you mean by "shall I response for the detention fees."

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