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Montana Lien Law.pdf
Courtesy of:
StorageLaws.net
Montana Lien Law
Montana Code Annotated 2003
70-6-411. Sale to pay costs of storage. (1) Any storage or commission merchant
receiving personal property from any person for storage and any common carrier
of goods by whom any personal property is lawfully stored before or after the
transportation thereof may, after keeping the same in store for 90 days, in
default of the payment of the storage or freight money on such personal
property, advertise and sell the same at public auction to the highest bidder
for cash, first giving notice of the time, the terms, and place of sale and a
description of the property to be sold by publication in some newspaper
published in the county where the property may be stored. Said notice shall be
published at least once a week for 4 weeks next previous to the day of sale and
shall specify the amount due on the property to be sold. When a specified time
has been agreed upon between the parties for the storage of said property, the
same shall not be advertised until the expiration of the time agreed upon.
(2) Should there be no newspaper published in the county where such property is
stored, then notice may be given in the newspaper published nearest thereto in
some other county in this state.
(3) But no more of such property shall be sold than is necessary to pay the
charges due, together with the costs.
70-6-412. Application of proceeds of sale. (1) After paying the expenses of
sale, including the publication of notice, the storage or commission merchant or
the carrier shall be authorized, out of the proceeds arising from the sale of
the property, to retain the amount due him for storage or freight money, or
both, due upon any such property, and the excess, if any, must be paid over to
the person entitled to the proceeds thereof.
(2) All sales under this part shall vest the title to the property sold in the
purchaser thereof.
History: En. Sec. 3, p. 545, Cod. Stat. 1871; re-en. Sec. 1181, 5th Div. Rev.
Stat. 1879; re-en. Sec. 1895, 5th Div. Comp. Stat. 1887; amd. Sec. 2496, Civ. C.
1895; re-en. Sec. 2, p. 153, L. 1901; re-en. Sec. 5163, Rev. C. 1907; re-en.
Sec. 7666, R.C.M. 1921; re-en. Sec. 7666, R.C.M. 1935; R.C.M. 1947, 20-307.
History: En. Sec. 1, p. 544, Cod. Stat. 1871; re-en. Sec. 1179, 5th Div. Rev.
Stat. 1879; re-en. Sec. 1983, 5th Div. Comp. Stat. 1887; amd. Sec. 2495, Civ. C.
1895; amd. Sec. 1, p. 153, L. 1901; re-en. Sec. 5162, Rev. C. 1907; re-en. Sec.
7665, R.C.M. 1921; Cal. Civ. C. Secs. 1856, 1857; re-en. Sec. 7665, R.C.M. 1935;
R.C.M. 1947, 20-306.
70-6-420. Default in payment of storage space rental fees -- notice -- sale of
contents. (1) A person who rents storage space to another may sell at public
auction the contents of the storage space if the owner of the contents is more
than 30 days in default in paying rental fees on the space.
(2) At the expiration of the period of default provided for in subsection (1),
the person renting the storage space shall send written notice by certified mail
to the last-known address of the owner of the contents that he has 30 days from
the date of the certified letter to pay the past due rental fees and to claim
the contents of the storage space or the contents will be sold at public
auction. The notice must contain the date, time, and place of the auction if the
past due rental fees are not paid. If the certified notice is returned
undelivered, notice must be given as provided in Rule 4 of the Montana Rules of
Civil Procedure.
(3) Prior to an auction provided for in subsection (1), notice of the date,
time, place, terms, and description of the property must be published in a
newspaper in the county in which the property to be sold is located. The notice
must be published once a week for 2 weeks prior to the day of the sale. If there
is no newspaper published in the county in which the property to be sold is
located, then the notice may be published in a newspaper of general circulation
in the county.
(4) (a) Proceeds of the auction must first be applied to the costs of the sale,
then to the unpaid storage rental fees, and the excess, if any, must be paid to
the owner. If the owner or the person entitled to the proceeds cannot be
located, the proceeds escheat to the state as provided in Title 72, chapter 14.
(b) All sales under this section vest title to the property sold in the
purchaser of the property.
History: En. Sec. 1, Ch. 472, L. 1991
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