Search OpenLegislation Statutes
This entry was published on 2014-09-22
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Notice of sale
§ 201. Notice of sale. Before such sale is held the lienor shall serve
a notice upon the owner with due diligence within such county, if such
owner can be found where such lien arose, if not then to the person for
whose account the same is then held personally, provided such service
can be made with due diligence within the county where such lien arose,
but if such owner or person cannot with due diligence be found within
such county, or if the property affected, other than a security, is a
motor vehicle that is to be sold pursuant to subdivision three of
section two hundred two of this article of a value of less than five
hundred dollars or other property that is of a value of less than one
hundred dollars, then such notice shall be served by mailing it to the
owner at his last known place of residence, or to his last known
post-office address or if the owner's place of residence or post-office
address is not known, then to the last known place of residence or last
known post-office address of the person for whose account the same is
then held personally. Any notice permitted herein to be served by mail
shall be sent by certified mail, return receipt requested, and by
first-class mail. A like notice shall be served in the same way upon any
person who shall have given to the lienor notice of an interest in the
property subject to the lien and upon any person who has perfected a
security interest in the property by filing a financing statement
pursuant to the provisions of the uniform commercial code or who is
listed as lienholder upon the certificate of title of the property
pursuant to the provisions of the vehicle and traffic law. Such notice
shall contain a statement of the following facts:

1. The nature of the debt or the agreement under which the lien arose,
with an itemized statement of the claim and the time when due;

2. A brief description of the personal property against which the lien

3. The estimated value of such property;

4. The amount of such lien, at the date of the notice.

It shall also require such owner or any such person to pay the amount
of such lien, on or before a day mentioned therein, not less than ten
days from the service thereof, and shall state the time when and place
where such property will be sold, if such amount is not paid; and it
shall state that the owner or any such person is entitled to bring a
proceeding under section two hundred one-a of this article within ten
days of the service of notice if he disputes the validity of the lien or
the amount claimed. If the agreement on which the lien is based provides
for the continuous care of property the lienor is also entitled to
receive all sums which may accrue under the agreement, subsequent to the
notice and prior to payment or a sale of the property; and the notice
shall contain a statement that such additional sum is demanded. Such
notice shall be verified by the lienor to the effect that the lien upon
such property is valid, that the debt upon which such lien is founded is
due and has not been paid and that the facts stated in such notice are
true to the best of his knowledge and belief.