Chapter 444: Statutory Liens on Personal Property

Any person having a lien on personal property, other than a security interest covered by RSA 382-A, Article 9, where no time is limited for the payment of the debt or redemption of the property, may sell the same or so much thereof as is needful at auction, notice of the sale being given as herein required, and from the proceeds he may reimburse himself for his debt and the expenses incident to the sale.

If a time is limited for the payment of the debt or the redemption of the property, the property may be sold at any time after the expiration of the limited time, upon like notice; provided, that such sale will not be in conflict with the terms of the contract under which the property is holden.

Notice of such sale shall be given by posting notices thereof in 2 or more public places in the town where the property is situate 14 days at least before the sale, and, if the value of the property exceeds $100, by publishing the notice.

A notice of the sale shall be served upon the general owner, if resident in the county, the same number of days before the sale, stating in writing the time and place of sale, the property to be sold and the amount of the lien thereon.

A lienholder under this chapter shall inquire by writing, by verified mail as defined in RSA 21:53, to determine from the division of motor vehicles of the department of safety, the secretary of state, and the town clerk with regard to a motor vehicle and from the secretary of state, and the town clerk with regard to other personal property, whether a lien exists upon the title to said motor vehicle or other personal property. Any such written inquiry that requests information on financing statements filed under RSA 382-A shall be in the form, and subject to the fees, required by that chapter. If no response is received by the lienholder from the department of safety, the secretary of state, or the town clerk within 14 days after such inquiry has been received, sale of the motor vehicle or personal property may proceed as prescribed by this chapter. If determination is made under the above procedure that a lien exists, a notice of the sale under this chapter shall be sent by verified mail as defined in RSA 21:53 to each lienholder having a recorded lien on said automobile or personal property. The notice shall be sent at least 14 days prior to the date of the sale and shall include the date, time, and place of said sale and the amount of the statutory lien claimed. Any lienholder having a recorded lien shall be entitled to redeem the personal property prior to the sale by payment of the amount of said statutory lien, and the lienholder shall have the right of possession from the individual or institution exercising said statutory lien.

The balance of the proceeds of sale, if any, after payment of the amount of the lien and the reasonable expenses incident to the sale, shall be paid to the general owner or person entitled thereto, on demand.

The holder of the lien shall cause a copy of such notices and an affidavit of service, with an account of the sale and of the fees and charges thereon, to be recorded in the books of the town where the sale takes place. A certified copy of the record may be used in evidence.