Title 11, Chapter 7, Section 308
( 11-7-308)
Enforcement of carrier's lien. (1) A carrier'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 carrier is not of
itself sufficient to establish that the sale was not made in a
commercially reasonable manner. If the carrier 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 ensure satisfaction of the obligation is
not commercially reasonable except in cases covered by the preceding
sentence. (2) 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 carrier subject to the terms of the bill and this
article. (3) The carrier may buy at any public sale pursuant to this Code
section. (4) A purchaser in good faith of goods sold to enforce a carrier's
lien takes the goods free of any rights of persons against whom the
lien was valid, despite noncompliance by the carrier with the
requirements of this Code section. (5) The carrier 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. (6) The rights provided by this Code section shall be in addition to
all other rights allowed by law to a creditor against his debtor. (7) A carrier's lien may be enforced in accordance with either subsection (1) of this Code section or the procedure set forth in subsection (2) of Code Section 11-7-210. (8) The carrier 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. |