Section 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 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 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 subsection (b) of Section 7-210 of this title.(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.Okla. Stat. tit. 12A, § 7-308
Laws 1961, p. 146, § 7-308; Amended by Laws 2005 , HB 2035, c. 140, § 22, eff. 1/1/2006.Oklahoma Code Comment
Prior Statutory Provisions:
2 O.S. § 9-92.
13 O.S. §§ 69, 70, 119.
Text and derivation of prior provisions, see Appendix at end of this title.
Comment:
The Uniform Bills of Lading Act had no similar provisions, so this section was patterned after the Uniform Warehouse Receipts Act. Section 7-210 provides alternate procedures for enforcement of a warehouseman's lien: a short procedure for commercial goods, and a longer procedure which affords nonmerchants greater protection. The Commercial Code permits the carrier in all cases to follow the short procedure, which are the same as Section 7-210 , but also permits it to follow the longer procedure.
The previous Oklahoma law was a little uncertain in that former 13 O.S. § 119 invoked the lien laws, 42 O.S. § 91, but former 13 O.S. §§ 69 and 70 contained independent procedures for sale. The Commercial Code changes the details of enforcement of the carrier's lien, and undoubtedly takes precedence over the general lien provisions.