LIENS ‑- WAREHOUSEMAN'S LIEN ‑- SALE BY SHERIFF

LIENS ‑- WAREHOUSEMAN'S LIEN ‑- SALE BY SHERIFF

The sheriff is not required to conduct a sale of personal property on the foreclosure of a warehouseman's lien, under chapter 60.60 RCW.

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                                                                 August 14, 1956

Honorable Don J. Clark
Prosecuting Attorney of Yakima County
Suite 102 County Court House
Yakima, Washington

                                                                                                              Cite as:  AGO 55-57 No. 312

Attention:  Mr. Richard C. Focht, Deputy

Dear Sir:

            You have requested our opinion on the following question:

            Is the sheriff required to conduct a sale of personal property on the foreclosure of a warehouseman's lien, under chapter 60.60 RCW?

            We answer your question in the negative.

                                                                     ANALYSIS

            The following statute is pertinent to the question at hand:

            RCW 60.60.030

            "All other property upon which such charges are a lien, after it has remained uncalled for for a period of thirty days after the charges are due, may be sold for payment of the charges upon giving ten day's notice.  When the property can be conveniently divided into separate lots or parcels, no more shall be sold than sufficient to pay the charges due on the day of sale and the expenses of the sale."

             [[Orig. Op. Page 2]]

            This section of the code was derived from section 1982, Washington Territory Code of 1881, reading as follows:

            "All other property upon which such charges may be unpaid, due, and a lien after the same shall have remained in store uncalled for, for a period of thirty days after such charges shall have become due, may be sold by the person or persons having a lien for the payment of such charges upon giving ten days' notice:  Provided, That where the property can be conveniently divided into separate lots or parcels, no more lots or parcels shall be sold than shall be sufficient to pay the charges due on the day of sale, and the expenses of the sale."  (Emphasis supplied.)

            Section 1982 has not been amended since it was enacted.  It is apparent, however, that the compilers of the Revised Code of Washington have made a significant change in RCW 60.60.030 by omitting the clause "by the person or persons having a lien."

            When the above clause is included in the statute, which it properly should be, it is clear from the wording thereof that the lien holder, and not the sheriff, is the party authorized to conduct the lien sale under chapter 60.60 RCW.

            We trust that the above analysis will be of assistance to you.

Very truly yours,

DON EASTVOLD
Attorney General

JOHN S. ROBINSON
Assistant Attorney General