Section 7-211. Proceeding to Determine Validity of Lien


Latest version.
  • Within ten days after service of the notice of sale, a person claiming
      an  interest in the goods may commence a special proceeding to determine
      the validity of the lien. The special proceeding may be brought  in  any
      court which would have jursidiction to render a judgment for a sum equal
      to  the  amount  of  the  lien.  If  the  person  shall  show  that  the
      warehouseman is not entitled to claim a lien in the goods, or  that  all
      or  part of the amount claimed by the warehouseman has not been properly
      charged to the account of such person, or, as the case may be, that  all
      or  part  of  such  amount  exceeds the fair and reasonable value of the
      services performed by the warehouseman, the court shall direct the entry
      of  judgment  cancelling  the  lien  or  reducing  the  amount   claimed
      thereunder accordingly. If the warehouseman shall establish the validity
      of  the  lien,  in  whole  or in part, the judgment shall fix the amount
      thereof, and shall provide that the sale may proceed upon the expiration
      of five days after service of a  copy  of  the  judgment  together  with
      notice  of  entry thereof upon the person, unless the goods are redeemed
      prior thereto pursuant to subsection (3) of section 7-210.  If the  lien
      is cancelled, the judgment shall provide that, upon service of a copy of
      the   judgment   together   with   notice  of  entry  thereof  upon  the
      warehouseman,  the  person  shall  be  entitled  to  possession  of  the
      property.