- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 7. Warehouse Receipts, Bills of Lading, and Other Documents of Title
- Section 210. Enforcement of Warehouseman's Lien.
previous: Section 209
. Lien of Warehouseman.
next: Section 301
. Liability For Nonreceipt or Misdescription; "Said to Contain"; "Shipper's Load and Count"; Improper Handling.
AS 45.07.210. Enforcement of Warehouseman's Lien.
- (a) Except as provided in (b) of this section, a warehouseman's lien may be enforced by public or private sale of the
goods in block or in parcels, at any time or place, and on terms that are commercially reasonable, after notifying all
persons known to claim an interest in the goods. This notification must include a statement of the amount due, the
nature of the proposed sale, and the time and place of a 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 a recognized market for the goods, or if the warehouseman sells at the price
current in the market at the time of the sale, or if the warehouseman has otherwise sold in conformity with
commercially reasonable practices among dealers in the type of goods sold, the warehouseman 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.
- (b) A warehouseman's lien on goods other than goods stored by a merchant in the course of the merchant's business may be
enforced only as follows:
- (1) all persons known to claim an interest in the goods must be notified;
- (2) the notification must be delivered in person or sent by registered letter to the last known address of a person to be
- (3) 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 10 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;
- (4) the sale must conform to the terms of the notification;
- (5) the sale must be held at the nearest suitable place to that where the goods are held or stored;
- (6) 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 10 days before the sale in
not less than three conspicuous places in the neighborhood of the proposed sale.
- (c) Before a sale under this section, a 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 chapter.
- (d) The warehouseman may buy at a public sale under this section.
- (e) A purchaser in good faith of goods sold to enforce a warehouseman's lien takes the goods free of rights of persons
against whom the lien was valid despite noncompliance by the warehouseman with the requirements of this section.
- (f) The warehouseman may satisfy the lien from the proceeds of a sale under this section, but must hold the balance, if any, for
delivery on demand to a person to whom the warehouseman would have been bound to deliver the goods.
- (g) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.
- (h) If a lien is on goods stored by a merchant in the course of the merchant's business, the lien may be enforced in
accordance with either (a) or (b) of this section.
- (i) The warehouseman is liable for damages caused by failure to comply with the requirements for sale under this section
and, in case of a wilful violation, is liable for conversion.
Article 03. BILLS OF LADING: SPECIAL PROVISIONS
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