Sec. 34.45.040. Presale inventory and notice.

341 words·~2 min read·/ak/title-34/chapter-45/34-45-040·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Before the property is sold, the person in possession of it shall request the district judge or magistrate in the judicial district where the property is located to inventory the property.

(b)Upon the request the district judge or magistrate or a person, other than the holder of the property or the holder's agent, appointed by the district judge or magistrate, shall attend and, in the presence of the holder, or the holder's agent, shall open, examine, and inventory the property. The inventory must be in duplicate, one copy of which shall be filed with the district judge or magistrate and one copy retained by the holder of the property.

(c)After the property is inventoried, the holder, or the holder's agent, may give notice of an intention to sell it in the following manner:

(1)if the name and residence of the owner of the property is known, by serving the notice upon the owner either personally, or at the owner's place of residence or business, or by registered mail;

(2)if the name and residence of the owner of the property is unknown to the holder, then the holder may serve the notice by publication once a week for two successive weeks in a newspaper of general circulation published in the area nearest to where the property is held.

(d)The notice must contain

(1)a reasonably correct description of the property;

(2)the name and residence of the owner, if known;

(3)the name and residence of the holder;

(4)the amount of the charges accrued and costs incurred; and

(5)a statement that the holder on a certain date, that shall be specified and may not be less than three weeks after the day on which the notice is served or, if published, on which the notice is first published, will apply to the district judge or magistrate for an order to sell the property to satisfy all charges and costs that have accrued or been incurred to that date.