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Public Sale

An owner of any storage place or repair shop who stores or repairs any property has a lien on that property in the amount of the bill for storage or repairs. Upon the completion of repairs or the expiration of the storage contract, if the owner of the property fails to claim the goods and satisfy his debt to the lienholder, the lienholder may have such property sold at public sale to the highest bidder. This can only be done after sending a thirty (30) day written notice of his claims, to the owner and/or any lienholders.

The Plaintiff must apply to the appropriate titling facility, including, but not limited to, the Department of Motor Vehicles, or the Department of Natural Resources for the name and address of any last known registered owner or lienholder.

The public sale must be filed with the court that has jurisdiction over where the property is located. The fee to file for public sale is thirty-five ($35.00) dollars. The Plaintiff must provide the Court a copy of the written notice that was sent certified mail to the last known registered owner and/or lienholders. The Magistrate will schedule a hearing to determine if the item can be auctioned at public sale. If the sale is granted then the Magistrate will advertise the property for fifteen days by posting the notice in three public locations. The property may then be sold by the Magistrate and the proceeds distributed accordingly.