Title 11, Chapter 7, Section 210
( 11-7-210)
Enforcement of warehouseman's lien. (1) Except as provided in subsection (2) of this Code section, a
warehouseman's lien may be enforced by public or private sale of the
goods in bloc or in parcels, at any time or place, and on any terms
which are commercially reasonable, after notifying all persons known
to claim an interest in the goods. Such notification must include a
statement of the amount due, the nature of the proposed sale, and
the time and place of any public sale. The fact that a better price
could have been obtained by a sale at a different time or in a
different method from that selected by the warehouseman is not of
itself sufficient to establish that the sale was not made in a
commercially reasonable manner. If the warehouseman either sells the
goods in the usual manner in any recognized market therefor, or if
he sells at the price current in such market at the time of his
sale, or if he has otherwise sold in conformity with commercially
reasonable practices among dealers in the type of goods sold, he has
sold in a commercially reasonable manner. A sale of more goods than
apparently necessary to be offered to insure satisfaction of the
obligation is not commercially reasonable except in cases covered by
the preceding sentence. (2) A warehouseman's lien on goods other than goods stored by a
merchant in the course of his business may be enforced only as
follows: (a) All persons known to claim an interest in the goods must be
notified. (b) The notification must be delivered in person or sent by
registered letter to the last known address of any person to be
notified. (c) The notification must include an itemized statement of the
claim, a description of the goods subject to the lien, a demand
for payment within a specified time not less than ten days after
receipt of the notification, and a conspicuous statement that
unless the claim is paid within that time the goods will be
advertised for sale and sold by auction at a specified time and
place. (d) The sale must conform to the terms of the notification. (e) The sale must be held at the nearest suitable place to that
where the goods are held or stored. (f) After the expiration of the time given in the notification, an
advertisement of the sale must be published once a week for two
weeks consecutively in a newspaper of general circulation where
the sale is to be held. The advertisement must include a
description of the goods, the name of the person on whose account
they are being held, and the time and place of the sale. The sale
must take place at least 15 days after the first publication. If
there is no newspaper of general circulation where the sale is to
be held, the advertisement must be posted at least ten days before
the sale in not less than six conspicuous places in the
neighborhood of the proposed sale. (3) Before any sale pursuant to this Code section any person
claiming a right in the goods may pay the amount necessary to
satisfy the lien and the reasonable expenses incurred under this
Code section. In that event the goods must not be sold, but must be
retained by the warehouseman subject to the terms of the receipt and
this article. (4) The warehouseman may buy at any public sale pursuant to this
Code section. (5) A purchaser in good faith of goods sold to enforce a
warehouseman's lien takes the goods free of any rights of persons
against whom the lien was valid, despite noncompliance by the
warehouseman with the requirements of this Code section. (6) The warehouseman may satisfy his lien from the proceeds of any
sale pursuant to this Code section but must hold the balance, if
any, for delivery on demand to any person to whom he would have been
bound to deliver the goods. (7) The rights provided by this Code section shall be in addition to
all other rights allowed by law to a creditor against his debtor. (8) Where a lien is on goods stored by a merchant in the course of
his business the lien may be enforced in accordance with either
subsection (1) or (2) of this Code section. (9) The warehouseman is liable for damages caused by failure to
comply with the requirements for sale under this Code section and in
case of willful violation is liable for conversion. |