§ 35-11-291 — Enforcement of Lien

Alabama § 35-11-291

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 11: Liens
• Art. 5: Liens of Particular Persons or Classes of Persons
• Div. 11: For Processing Certain Commodities

Text

(a) When the processor retains possession of the commodity subject to the lien, and the charges or tolls due are not paid within 10 days after demand therefor, he is authorized, on giving notice for 10 days of the time and place of the sale by advertisement in some newspaper published in the county in which the commodity was processed once a week for two successive weeks, or if there is no such paper, by posting the notice in three public places in the county, to sell the commodity to the highest bidder, for the payment of the expenses of such sale and the charges or tolls for processing; and the residue, if there be any, shall be paid to the owner.
(b) If the commodity subject to the lien declared in this division has been removed without the knowledge and consent of the processor and without the charge or toll for processing having been paid, the processor may obtain a writ of attachment leviable on the processed commodity.
(c) All property upon which a lien is created under the provisions of this division, or the proceeds thereof, in the hands of third parties shall be subject to garnishment for the enforcement and satisfaction of such lien; and such garnishment and the proceedings thereunder shall be governed by the laws in force in this state relating to other garnishments, so far as the same are applicable.

Legislative History

(Code 1896, §§2789, 2790; Code 1907, §§4823, 4824; Acts 1923, No. 397, p. 554; Code 1923, §§8915, 8916, 8925, 8929; Code 1940, T. 33, §§70-72.)