8.7-308 - Enforcement of carrier's lien.
§ 8.7-308. Enforcement of carrier's lien.
(1) A carrier's lien may be enforced by public or private sale of the goods,in bloc or in parcels, at any time or place and on any terms which arecommercially reasonable, after notifying all persons known to claim aninterest in the goods. Such notification must include a statement of theamount due, the nature of the proposed sale and the time and place of anypublic sale. The fact that a better price could have been obtained by a saleat a different time or in a different method from that selected by thecarrier is not of itself sufficient to establish that the sale was not madein a commercially reasonable manner. If the carrier either sells the goods inthe usual manner in any recognized market therefor or if he sells at theprice current in such market at the time of his sale or if he has otherwisesold in conformity with commercially reasonable practices among dealers inthe type of goods sold he has sold in a commercially reasonable manner. Asale of more goods than apparently necessary to be offered to ensuresatisfaction of the obligation is not commercially reasonable except in casescovered by the preceding sentence.
(2) Before any sale pursuant to this section any person claiming a right inthe goods may pay the amount necessary to satisfy the lien and the reasonableexpenses incurred under this section. In that event the goods must not besold, but must be retained by the carrier subject to the terms of the billand this title.
(3) The carrier may buy at any public sale pursuant to this section.
(4) A purchaser in good faith of goods sold to enforce a carrier's lien takesthe goods free of any rights of persons against whom the lien was valid,despite noncompliance by the carrier with the requirements of this section.
(5) The carrier may satisfy his lien from the proceeds of any sale pursuantto this section but must hold the balance, if any, for delivery on demand toany person to whom he would have been bound to deliver the goods.
(6) The rights provided by this section shall be in addition to all otherrights allowed by law to a creditor against his debtor.
(7) A carrier's lien may be enforced in accordance with either subsection (1)or the procedure set forth in subsection (2) of § 8.7-210.
(8) The carrier is liable for damages caused by failure to comply with therequirements for sale under this section and in case of willful violation isliable for conversion.
(Code 1950, §§ 56-126, 56-127, 61-36; 1964, c. 219.)