38-2-3.2 - Sale of unclaimed personal property.
38-2-3.2. Sale of unclaimed personal property.
(1) Any garments, clothing, shoes, wearing apparel or household goods, remaining in thepossession of a person, on which cleaning, pressing, glazing, laundry or washing or repair workhas been done or upon which alterations or repairs have been made or on which materials orsupplies have been used or furnished by said person holding possession thereof, for a period of90 days or more after the completion of such services or labors, may be sold by said personholding possession, to pay the unpaid reasonable or agreed charges therefor and the costs ofnotifying the owner or owners as hereinafter provided. However, the person to whom suchcharges are payable and owing shall first notify the owner or owners of such property of the timeand place of such sale; and provided further, that property that is to be placed in storage after anyof the services or labors mentioned herein shall not be affected by the provisions of thisSubsection (1).
(2) All garments, clothing, shoes, wearing apparel on which any of these services orlabors mentioned in Subsection (1) have been performed and then placed in storage byagreement, and remaining in the possession of a person without the reasonable or agreed chargeshaving been paid for a period of 12 months may be sold to pay such charges and costs ofnotifying the owner or owners as hereinafter provided. However, the person to whom thecharges are payable and owing shall first notify the owner or owners of such property of the timeand the place of sale, and provided, further, that persons operating as warehouses orwarehousemen shall not be affected by this Subsection (2).
(3) (a) (i) The mailing of a properly stamped and registered letter, with a return addressmarked thereon, addressed to the owner or owners of the property, at their address given at thetime of delivery of the property to such person to render any of the services or labors set out inthis article, or if no address was so given, at their address if otherwise known, stating the timeand place of sale, shall constitute notice as required in this section.
(ii) The notice required in Subsection (3)(a)(i) shall be mailed at least 20 days before thedate of sale.
(iii) The cost of mailing the letter required under Subsection (3)(a)(i) shall be added tothe charges.
(b) (i) If no address was given at the time of delivery of the property, or if the address ofthe owner or owners is not otherwise known, such person who has performed the services orlabors as aforesaid shall cause to be published a notice of the time and place of sale:
(A) at least once in a daily or weekly newspaper in the city, town, and county, whereinsuch property was delivered to such person at least 20 days before the date of sale; and
(B) in accordance with Section 45-1-101 for at least 20 days before the date of sale.
(ii) Such notice constitutes notice as required in this section if notice cannot be mailed asprovided in Subsection (3)(b)(i).
(iii) The costs of one such publication shall be added to the charges.
(4) (a) The person to whom the charges are payable and owing shall from the proceeds ofthe sale, deduct the charges due plus the costs of notifying the owner or owners and shallimmediately thereafter mail to the owner or owners thereof at their address, if known, a notice ofthe holding of such sale and the amount of the overplus, if any, due the owner or owners. At anytime within 12 months after such notice, such person shall, upon demand by the owner orowners, pay to the owner or owners such overplus in his hands.
(b) If no such demand is made within such 12-month period, or, if the address of the
owner or owners is unknown and no demand is made by the owner or owners within 12 monthsafter the date of sale, then such overplus shall become the property of a person who hasperformed the services or labors as provided in Subsection (1).
(5) Each person taking advantage of this section must keep posted in a prominent placein his receiving office or offices at all times two notices which shall read as follows:
"All articles, cleaned, pressed, glazed, laundered, washed, altered, or repaired, and notcalled for in 90 days will be sold to pay charges."
"All articles stored by agreement and charges not having been paid for 12 months will besold to pay charges."
(6) The rights and benefits provided for in this section shall be and are in addition to therights and benefits provided for in Section 38-2-4.
Amended by Chapter 388, 2009 General Session