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Notice of Intent to Exercise Warehouse Lien by Auction

This document serves as a formal notice to a debtor of a warehouse operator's intention to enforce a lien over goods stored by public auction, due to outstanding storage fees or other related charges. It is used when the debtor has failed to settle their account and the warehouse operator wishes to recover costs through the sale of the stored goods.

Updated 16d ago
warehouse lienauction noticedebt recoverystorage feescollectionssouthern africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Date

{{date}}

Debtor Information

To: {{debtor_name}}

{{debtor_address}}

Subject: Notice of Intent to Exercise Warehouse Lien by Auction - Account No. {{account_number}}

Dear {{debtor_name}},

This letter serves as a formal notification regarding the outstanding fees for the storage of goods under your account number {{account_number}} at our warehouse located at {{warehouse_address}}. As of the date of this letter, the total outstanding balance for storage, handling, and other related charges amounts to {{outstanding_amount}}.

Exercising of Warehouseman's Lien

Please be advised that, pursuant to the terms of our warehousing agreement dated {{agreement_date}} and applicable legislation governing warehousemen's liens in Southern Africa, we intend to exercise our right to a warehouseman's lien over the goods enumerated in the attached schedule. This lien is exercised due to your failure to settle the outstanding balance despite repeated requests.

The said goods are currently held at our facility at {{warehouse_address}} and include, but are not limited to, the items listed in Appendix A (attached herewith).

Notice of Public Auction

Take notice that, should the full outstanding balance of {{outstanding_amount}} not be paid in full by {{payment_due_date}}, we will proceed with the sale of the aforementioned goods by public auction.

The auction is scheduled to take place on {{auction_date}} at {{auction_time}} at {{auction_location}}. Further details regarding the auction, including a comprehensive list of items to be sold, will be advertised in accordance with legal requirements.

Application of Proceeds and Remaining Liability

The proceeds from the auction will be applied firstly to cover the costs associated with the sale (including advertising, auctioneer fees, and legal costs), and then to satisfy the outstanding storage and related charges. Any surplus funds, if remaining after all deductions, will be remitted to you.

Should the proceeds from the auction be insufficient to cover the outstanding balance and all associated costs, you will remain liable for any deficit incurred, and we reserve our right to pursue all available legal remedies to recover such deficit.

Redemption of Goods

You may redeem your goods by paying the full outstanding balance of {{outstanding_amount}}, plus any additional charges incurred up to the date of payment, at any time before the scheduled auction. Payment must be made in certified funds or by electronic transfer to our account: {{bank_name}}, Account No: {{bank_account_number}}, Branch Code: {{bank_branch_code}}.

Contact Information

For any queries or to arrange payment, please contact {{contact_person}} at {{contact_phone}} or {{contact_email}}.

Signature Block

Sincerely,

{{authorised_signature}}

{{authorised_name}}

{{authorised_title}}

{{company_name}}

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