(1) After the expiration
of the time given in the final notice of lien sale pursuant to
RCW 19.150.060, the property, other than personal papers and
personal photographs, may be sold or disposed of in a reasonable
manner as provided in this section.
(2)(a) If the property has a value of three hundred dollars
or more, the sale shall be conducted in a commercially reasonable
manner, and, after applying the proceeds to costs of the sale and
then to the amount of the lien, the owner shall retain any excess
proceeds of the sale on the occupant's behalf. The occupant, or
any other person having a court order or other judicial process
against the property, may claim the excess proceeds, or a portion
thereof sufficient to satisfy the particular claim, at any time
within six months of the date of sale.
(b) If the property has a value of less than three hundred
dollars, the property may be disposed of in a reasonable manner.
(3) Personal papers and personal photographs that are not
reclaimed by the occupant within six months of a sale under
subsection (2)(a) of this section or other disposition under
subsection (2)(b) of this section may be disposed of in a
reasonable manner.
(4) No employee or owner, or family member of an employee or
owner, may acquire, directly or indirectly, the property sold
pursuant to subsection (2)(a) of this section or disposed of
pursuant to subsection (2)(b) of this section, or personal papers
and personal photographs disposed of under subsection (3) of this
section.
(5) The owner is entitled to retain any interest earned on
the excess proceeds until the excess proceeds are claimed by
another person or are turned over to the state as abandoned
property pursuant to RCW 63.29.165.
[2007 c 113 § 5; 1996 c 220 § 2; 1993 c 498 § 6; 1988 c 240 § 9.]
NOTES:
Application -- 1996 c 220: See note following RCW 19.150.060.