§ 201 — Notice of sale

New York § 201

• Jurisdiction: New York
• Law LIE: Lien
• Art. 9: Enforcement of Liens On Personal Property

Text

§ 201. Notice of sale. Before such sale is held the lienor shall serve\na notice upon the owner with due diligence within such county, if such\nowner can be found where such lien arose, if not then to the person for\nwhose account the same is then held personally, provided such service\ncan be made with due diligence within the county where such lien arose,\nbut if such owner or person cannot with due diligence be found within\nsuch county, or if the property affected, other than a security, is a\nmotor vehicle that is to be sold pursuant to subdivision three of\nsection two hundred two of this article of a value of less than five\nhundred dollars or other property that is of a value of less than one\nhundred dollars, then such notice shall be served by mailing it to the\nowner at his last known place of residence, or to his last known\npost-office address or if the owner's place of residence or post-office\naddress is not known, then to the last known place of residence or last\nknown post-office address of the person for whose account the same is\nthen held personally. Any notice permitted herein to be served by mail\nshall be sent by certified mail, return receipt requested, and by\nfirst-class mail. A like notice shall be served in the same way upon any\nperson who shall have given to the lienor notice of an interest in the\nproperty subject to the lien and upon any person who has perfected a\nsecurity interest in the property by filing a financing statement\npursuant to the provisions of the uniform commercial code or who is\nlisted as lienholder upon the certificate of title of the property\npursuant to the provisions of the vehicle and traffic law. Such notice\nshall contain a statement of the following facts:\n 1. The nature of the debt or the agreement under which the lien arose,\nwith an itemized statement of the claim and the time when due;\n 2. A brief description of the personal property against which the lien\nexists;\n 3. The estimated value of such property;\n 4. The amount of such lien, at the date of the notice.\n It shall also require such owner or any such person to pay the amount\nof such lien, on or before a day mentioned therein, not less than ten\ndays from the service thereof, and shall state the time when and place\nwhere such property will be sold, if such amount is not paid; and it\nshall state that the owner or any such person is entitled to bring a\nproceeding under section two hundred one-a of this article within ten\ndays of the service of notice if he disputes the validity of the lien or\nthe amount claimed. If the agreement on which the lien is based provides\nfor the continuous care of property the lienor is also entitled to\nreceive all sums which may accrue under the agreement, subsequent to the\nnotice and prior to payment or a sale of the property; and the notice\nshall contain a statement that such additional sum is demanded. Such\nnotice shall be verified by the lienor to the effect that the lien upon\nsuch property is valid, that the debt upon which such lien is founded is\ndue and has not been paid and that the facts stated in such notice are\ntrue to the best of his knowledge and belief.\n