Section 7--210. Enforcement of Warehouseman's Lien  


Latest version.
  • (1) Except as provided in subsection (2), 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, and,
      unless the goods are perishable  or  threaten  to  decline  speedily  in
      value,  it shall state that any person claiming an interest in the goods
      is entitled to bring a proceeding under section 7-211 within ten days of
      the service of the notice if he disputes the validity of the lien or the
      amount claimed. 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  or  certified 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,  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, and a  statement  that  any  person
                 claiming  an  interest  in  the  goods is entitled to bring a
                 proceeding under section 7-211 within ten days of the service
                 of the notice if he disputes the validity of the lien or  the
                 amount claimed.
             (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 fifteen
                 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 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 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
      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 section.
        (6)  The  warehouseman  may  satisfy his lien from the proceeds of any
      sale pursuant to this 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 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).
        (9) The warehouseman is liable for damages caused by failure to comply
      with the requirements for sale under this section and in case of willful
      violation is liable for conversion.