407.308 Enforcement of carrier's lien.
(1) 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 different method 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 has sold 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 has otherwise sold 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.
(2) 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 chapter.
(3) A 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 takes the goods free of any rights of persons against which the lien was valid, despite the carrier's noncompliance with this section.
(5) 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.
(6) The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.
(7) A carrier's lien may be enforced pursuant to either sub. (1) or the procedure set forth in s. 407.210 (2).
(8) 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.
History: 2009 a. 322.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 407 - Uniform commercial code — documents of title.
407.102 - Definitions and index of definitions.
407.103 - Relation of chapter to treaty or statute.
407.104 - Negotiable and nonnegotiable document of title.
407.105 - Reissuance in alternative medium.
407.106 - Control of electronic document of title.
407.201 - Person that may issue a warehouse receipt; storage under bond.
407.202 - Form of warehouse receipt.
407.203 - Liability for nonreceipt or misdescription.
407.204 - Duty of care; contractual limitation of warehouse's liability.
407.205 - Title under warehouse receipt defeated in certain cases.
407.206 - Termination of storage at warehouse's option.
407.207 - Goods must be kept separate; fungible goods.
407.208 - Altered warehouse receipts.
407.210 - Enforcement of warehouse's lien.
407.302 - Through bills of lading and similar documents of title.
407.303 - Diversion; reconsignment; change of instructions.
407.304 - Tangible bills of lading in a set.
407.306 - Altered bills of lading.
407.308 - Enforcement of carrier's lien.
407.309 - Duty of care; contractual limitation of carrier's liability.
407.401 - Irregularities in issue of receipt or bill or conduct of issuer.
407.402 - Duplicate document of title; overissue.
407.403 - Obligation of warehouse or carrier to deliver; excuse.
407.404 - No liability for good faith delivery pursuant to document of title.
407.501 - Form of negotiation and requirements of due negotiation.
407.502 - Rights acquired by due negotiation.
407.503 - Document of title to goods defeated in certain cases.
407.504 - Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery.
407.505 - Endorser not guarantor for other parties.
407.506 - Delivery without endorsement; right to compel endorsement.
407.507 - Warranties on negotiation or delivery of document of title.
407.508 - Warranties of collecting bank as to documents of title.
407.509 - Adequate compliance with commercial contract.
407.601 - Lost, stolen, or destroyed documents of title.
407.602 - Attachment of goods covered by negotiable document of title.