§ 26-3-8-14 — Sale of personal property; advertisement; notice of other disposition

Indiana § 26-3-8-14

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 3: WAREHOUSES
• Ch. 8: Self-Service Storage Facilities

Text

(a) After the expiration of the time stated in
the owner's notice under section 12(c)(2) of this chapter, if the personal
property has not been otherwise disposed of in a manner described in
section 12(c)(7)(A)(ii) or 12(c)(7)(B) of this chapter, an owner
enforcing the owner's lien shall prepare for a sale of the personal
property under this section.
(b) Except as otherwise permitted under subsection (c), the owner
shall cause an advertisement of sale to be published one (1) time before
the date of the sale in a newspaper of general circulation in the county
in which the self-service storage facility is located. The advertisement
must include:
(1) a statement that the personal property stored in the renter's
rented space will be sold to satisfy the owner's lien;
(2) the address of the self-service storage facility, the number or
other designation (if any) of the space where the personal property
is located, and the name of the renter;
(3) the manner of the sale; and
(4) the time and place of the sale, as applicable.
(c) As an alternative to the publication described in subsection (b),
the owner may advertise the sale in any other commercially reasonable
manner that is likely to attract at least three (3) independent bidders to
the sale. An advertisement by an alternative method permitted under
this section must include the information required under subsection
(b)(1) through (b)(4).
(d) The sale must be held at least ten (10) days after:
(1) the publication under subsection (b); or
(2) the first publication, transmission, or communication of an
advertisement under subsection (c);
as applicable. If, after the publication, transmission, or other
communication of notice under this section, the sale of the personal
property is not consummated, the owner shall notify the renter in
writing at the renter's last known address of the other disposition the
owner intends for the property.

Legislative History

As added by P.L.265-1987, SEC.1. Amended by P.L.144-2014, SEC.6.