Okla. Stat. tit. 12A, § 12A-7-210
This is the official text of Okla. Stat. tit. 12A, § 12A-7-210, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Enforcement of warehouse's lien
Official statutory text
Enforcement of Warehouseman's Lien.
(a) Except as provided in subsection (b) of this section, a
warehouse’s lien may be enforced by public or private sale of the
goods, in bulk or in packages, at any time or place and on any terms
that are commercially reasonable, after notifying all persons known
to claim an interest in the goods. The 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
method different from that selected by the warehouse is not of
itself sufficient to establish that the sale was not made in a
commercially reasonable manner. The warehouse sells in a
commercially reasonable manner if the warehouse sells the goods in
the usual manner in any recognized market therefor, sells at the
price current in that market at the time of the sale, or otherwise
sells in conformity with commercially reasonable practices among
dealers in the type of goods sold. 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.
(b) A warehouse may enforce its lien on goods other than goods
stored by a merchant in the course of its business, only if the
following requirements are satisfied:
(1) All persons known to claim an interest in the goods must be
notified.
(2) 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 (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.
(3) The sale must conform to the terms of the notification.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 406
(4) The sale must be held at the nearest suitable place to that
where the goods are held or stored.
(5) After the expiration of the time given in the notification,
an advertisement of the sale must be published once a week for two
(2) 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 (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
ten (10) days before the sale in not fewer than six conspicuous
places in the neighborhood of the proposed sale.
(c) 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 in complying
with this section. In that event, the goods may not be sold but
must be retained by the warehouse subject to the terms of the
receipt and this article.
(d) A warehouse may buy at any public sale pursuant to this
section.
(e) A purchaser in good faith of goods sold to enforce a
warehouse’s lien takes the goods free of any rights of persons
against which the lien was valid, despite the warehouse’s
noncompliance with this section.
(f) A warehouse may satisfy its lien from the proceeds of any
sale pursuant to this section but shall hold the balance, if any,
for delivery on demand to any person to which the warehouse 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
its business the lien may be enforced in accordance with subsection
(a) or (b) of this section.
f any,
for delivery on demand to any person to which the warehouse 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
its business the lien may be enforced in accordance with subsection
(a) or (b) of this section.
(i) A warehouse 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.
(a) Except as provided in subsection (b) of this section, a
warehouse’s lien may be enforced by public or private sale of the
goods, in bulk or in packages, at any time or place and on any terms
that are commercially reasonable, after notifying all persons known
to claim an interest in the goods. The 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
method different from that selected by the warehouse is not of
itself sufficient to establish that the sale was not made in a
commercially reasonable manner. The warehouse sells in a
commercially reasonable manner if the warehouse sells the goods in
the usual manner in any recognized market therefor, sells at the
price current in that market at the time of the sale, or otherwise
sells in conformity with commercially reasonable practices among
dealers in the type of goods sold. 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.
(b) A warehouse may enforce its lien on goods other than goods
stored by a merchant in the course of its business, only if the
following requirements are satisfied:
(1) All persons known to claim an interest in the goods must be
notified.
(2) 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 (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.
(3) The sale must conform to the terms of the notification.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 406
(4) The sale must be held at the nearest suitable place to that
where the goods are held or stored.
(5) After the expiration of the time given in the notification,
an advertisement of the sale must be published once a week for two
(2) 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 (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
ten (10) days before the sale in not fewer than six conspicuous
places in the neighborhood of the proposed sale.
(c) 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 in complying
with this section. In that event, the goods may not be sold but
must be retained by the warehouse subject to the terms of the
receipt and this article.
(d) A warehouse may buy at any public sale pursuant to this
section.
(e) A purchaser in good faith of goods sold to enforce a
warehouse’s lien takes the goods free of any rights of persons
against which the lien was valid, despite the warehouse’s
noncompliance with this section.
(f) A warehouse may satisfy its lien from the proceeds of any
sale pursuant to this section but shall hold the balance, if any,
for delivery on demand to any person to which the warehouse 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
its business the lien may be enforced in accordance with subsection
(a) or (b) of this section.
f any,
for delivery on demand to any person to which the warehouse 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
its business the lien may be enforced in accordance with subsection
(a) or (b) of this section.
(i) A warehouse 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.
Status: in_force · Read it on the official government site
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