Section 7-508. Sheriff's sale  


Latest version.
  • a. Auctioneer; fees. 1. Whenever the sheriff
      is required by law to sell real or personal property, he or she may, and
      if requested in writing by any party or by the attorney of any party  to
      the  action  or  proceeding in which such sale be made, the sheriff must
      cause such sale to be made through an auctioneer. Such auctioneer  shall
      be  selected  by  the sheriff, except where the attorneys of such of the
      parties as have appeared in the action or proceeding in which such  sale
      is  to be made in writing name an auctioneer, subject to the approval of
      the sheriff, in which event the sale must be made by the sheriff through
      such autioneer. In the event of disapproval by  the  sheriff,  the  sale
      must be made by an auctioneer selected by the sheriff.
        2.  Such  sheriff  is  authorized  and  directed  to withhold from the
      proceeds of the sale a sum which would be sufficient to  compensate  the
      auctioneer  for services rendered in conducting such sale, together with
      all necessary disbursements of such auctioneer as may be approved by the
      sheriff  or  by  the  attorneys  for  the  parties  to  such  action  or
      proceeding,  and  to  pay  over  such sum to such auctioneer. In no case
      shall  such  auctioneer's  fee  exceed  the  customary  market  rate  of
      auctioneers' fees for similar services.
        3.  If  the sheriff or any of the parties shall object to the fees and
      disbursements claimed by the auctioneer,  such  fees  and  disbursements
      shall  be  taxed  by the court upon the application of the sheriff or of
      the auctioneer or of any of the parties who have appeared in the  action
      or proceeding on two days' notice by the party desiring such taxation to
      be given to all of the other parties last mentioned.
        b.  Advertisement;  cost.  The  sheriff  shall  himself or herself, or
      through the auctioneer designated to  conduct  the  sale,  cause  to  be
      advertised  every sale of personal property to be made under any process
      or mandate of the court in not exceeding two daily newspapers, except in
      the  sale  of  perishable  property,  in  which  case  the  court,  upon
      application  of  the sheriff, may direct the sale thereof at such a time
      and upon such a notice as it deems proper. Such advertisement  shall  be
      made  for  such a time as the sheriff shall deem sufficient and ample to
      give proper notice to  the  public  of  the  sale  for  the  purpose  of
      realizing   the  highest  price  for  the  property  to  be  sold.  Such
      advertisements shall be printed in a daily newspaper or daily newspapers
      published in the city in addition to the public  posting  of  notice  of
      such sale now required by law. The sheriff shall retain the cost of such
      advertising from the proceeds of the sale and shall pay the newspaper or
      newspapers in which such advertisement shall be printed.
        c.  Deductions  for expenses; record. 1. The sheriff shall also deduct
      from the proceeds of the sale the amounts paid by the sheriff or  to  be
      paid  for  cartage  and  for the transportation of the goods, as well as
      such sums paid to keepers or custodians or for storage of  the  property
      as  hereinafter provided, together with the sums paid by the sheriff for
      insurance or expended necessarily in the protection and preservation  of
      the property.
        2.  It  shall  be  the  duty of the sheriff after having paid over the
      proceeds of the sale to the parties in interest,  less  the  amounts  by
      this section authorized to be deducted from such proceeds, to enter in a
      proper  book  or record, to be kept for that purpose, under the title of
      the action in which such sale is made, the time and place of such  sale,
      the  name  of  the  auctioneer  who  effected  such sale and an itemized
      statement of the amount for  which  such  goods  are  sold,  the  amount
      received  therefor  and the disbursements made by such sheriff under the
      authority of this section.
        3. The sheriff shall keep  vouchers  or  receipts  for  such  payments
      regularly  filed under the title of the action under which such sale has
    
      been effected at all times on file in the  sheriff's  office.  The  same
      shall  at  all times during office hours be open to inspection as public
      records.
        d. Whenever the sheriff deems it necessary, may require that the party
      directing  the  sale  advance  any or all of the costs and disbursements
      provided for in this section, in which event the sheriff shall repay the
      same out of the proceeds, if any, of the sale.