Indiana § 26-1-7-308 Enforcement of carrier's lien

Indiana Statutes

§ 26-1-7-308 — Enforcement of carrier's lien

Indiana § 26-1-7-308

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 7Documents of Title

This text of Indiana § 26-1-7-308 (Enforcement of carrier's lien) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 26-1-7-308 (2026).

Text

(a)A carrier's lien on goods 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 carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The carrier sells goods in a commercially reasonable manner if the carrier sells the goods in the usual manner in any recognized market therefor, sells at the pric

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(a) A carrier's lien on goods 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 carrier
is not of itself sufficient to establish that the sale was not made in a
commercially reasonable manner. The carrier sells goods in a
commercially reasonable manner if the carrier 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) 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 carrier,
subject to the terms of the bill and this chapter.
(c) A carrier may buy at any public sale pursuant to this section.
(d) A purchaser in good faith of goods sold to enforce a carrier's lien
takes the goods free of any rights of persons against which the lien was
valid, despite the carrier's noncompliance with this section.
(e) A carrier 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 carrier would have been bound
to deliver the goods.
(f) The rights provided by this section are in addition to all other
rights allowed by law to a creditor against a debtor.
(g) A carrier's lien may be enforced pursuant to either subsection (a)
or the procedure set forth in section 210(b) of this chapter.
(h) A carrier 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.
Formerly: Acts 1963, c.317, s.7-308. As amended by
P.L.152-1986, SEC.253; P.L.143-2007, SEC.46.