Section 45.07.308. Enforcement of carrier's lien.

   (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 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 by 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 a recognized market for them, 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 a sale under this section, a 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 of lading and this chapter.
   (c) A carrier may buy at a public sale under this section.
   (d) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of the rights of persons against whom the lien was valid, despite the carrier's noncompliance with this section.
   (e) A carrier may satisfy the carrier's lien from the proceeds of a sale under this section, but shall hold the balance, if any, for delivery on demand to a person to whom 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 in accordance with either (a) of this section or the procedure set out in AS 45.07.210(b).
   (h) A carrier is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of wilful violation, is liable for conversion.

Notes

History

(Sec. 7.308 ch 114 SLA 1962; am Sec. 55 - 60 ch 44 SLA 2009)