New Jersey § 12a:7-308
Full text of New Jersey New Jersey Statutes § 12a:7-308, with citation guidance and answers to common questions.
§ 12a:7-308.
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 shall 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 method different 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 Chapter. 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 12A:7-210b. 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.
Frequently Asked Questions About New Jersey § 12a:7-308
What does New Jersey Statutes § 12a:7-308 cover?
Section 12a:7-308 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 12a:7-308?
A common citation format is "New Jersey Statutes § 12a:7-308" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12a:7-308 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.