Revised Code of Washington
Chapter 62A.7 - Warehouse Receipts, Bills of Lading and Other Documents of Title.
62A.7-308 - Enforcement of carrier's lien.

RCW 62A.7-308
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 any 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 in 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 any recognized market therefor, 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 any sale pursuant to this section, any 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 Article.
(c) A carrier may buy at any public sale pursuant to this section.
(d) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of any rights of persons against which the lien was valid, despite the carrier's noncompliance with this section.
(e) A carrier may satisfy its lien from the proceeds of any sale pursuant to this section but shall hold the balance, if any, for delivery on demand to any person to which 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 pursuant to either subsection (a) of this section or the procedure set forth in RCW 62A.7-210(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 willful violation, is liable for conversion.

[ 2012 c 214 § 407; 1965 ex.s. c 157 § 7-308. Cf. former RCW 22.04.340; 1913 c 99 § 33; RRS § 3619.]
NOTES:

Application—Savings—2012 c 214: See notes following RCW 62A.1-101.

Structure Revised Code of Washington

Revised Code of Washington

Title 62A - Uniform Commercial Code

Chapter 62A.7 - Warehouse Receipts, Bills of Lading and Other Documents of Title.

62A.7-101 - Short title.

62A.7-102 - Definitions and index of definitions.

62A.7-103 - Relation of Article to treaty or statute.

62A.7-104 - Negotiable and nonnegotiable document of title.

62A.7-105 - Reissuance in alternative medium.

62A.7-106 - Control of electronic document of title.

62A.7-201 - Person that may issue a warehouse receipt; storage under bond.

62A.7-202 - Form of warehouse receipt; effect of omission.

62A.7-203 - Liability for nonreceipt or misdescription.

62A.7-204 - Duty of care; contractual limitation of warehouse's liability.

62A.7-205 - Title under warehouse receipt defeated in certain cases.

62A.7-206 - Termination of storage at warehouse's option.

62A.7-207 - Goods must be kept separate; fungible goods.

62A.7-208 - Altered warehouse receipts.

62A.7-209 - Lien of warehouse.

62A.7-210 - Enforcement of warehouse lien.

62A.7-301 - Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load, and count"; improper handling.

62A.7-302 - Through bills of lading and similar documents of title.

62A.7-303 - Diversion; reconsignment; change of instructions.

62A.7-304 - Tangible bills of lading in a set.

62A.7-305 - Destination bills.

62A.7-306 - Altered bills of lading.

62A.7-307 - Lien of carrier.

62A.7-308 - Enforcement of carrier's lien.

62A.7-309 - Duty of care; contractual limitation of carrier's liability.

62A.7-401 - Irregularities in issue of receipt or bill or conduct of issuer.

62A.7-402 - Duplicate document of title; overissue.

62A.7-403 - Obligation of bailee to deliver; excuse.

62A.7-404 - No liability for good-faith delivery pursuant to document of title.

62A.7-501 - Form of negotiation and requirements of due negotiation.

62A.7-502 - Rights acquired by due negotiation.

62A.7-503 - Document of title to goods defeated in certain cases.

62A.7-504 - Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery.

62A.7-505 - Indorser not guarantor for other parties.

62A.7-506 - Delivery without indorsement: Right to compel indorsement.

62A.7-507 - Warranties on negotiation or delivery of document of title.

62A.7-508 - Warranties of collecting bank as to documents of title.

62A.7-509 - Adequate compliance with commercial contract.

62A.7-601 - Lost, stolen, or destroyed documents of title.

62A.7-602 - Judicial process against goods covered by negotiable document of title.

62A.7-603 - Conflicting claims; interpleader.