§ 18-48-211 - Notice required prior to public sale -- Affidavit -- Waiver of notices.
18-48-211. Notice required prior to public sale -- Affidavit -- Waiver of notices.
(a) Before any livestock shall be sold at public sale, without court action, if the names and addresses of the owners and if the name and address of the conditional sales vendor, mortgagor, or other prior lienholder are known, at least twenty (20) days' notice of the sale shall be given them in writing, either by the sheriff serving the notice upon the owner and the lienholder or by registered or certified mail, return receipt requested.
(b) In addition, a notice of the time and place of sale, containing a general description of the livestock, shall be published at least one (1) time a week for a period of two (2) weeks consecutively, in a newspaper of general circulation, if there is one published in the county where the livestock is kept and where the sale shall take place. If no newspaper is published in that county, five (5) handbills containing the same information shall be posted in at least five (5) public places in the township, the town, or the city where the sale shall take place.
(c) It shall be the duty of the person claiming the lien under this subchapter to cause the notices to be served, mailed, and published.
(d) Copies of the notice required by this section and proof of the publication or the posting of it, and an affidavit of the person causing the livestock to be sold to enforce his or her lien shall be filed and kept in the circuit clerk's office of the county where the sale takes place. Copies of it shall be received in evidence in all courts, if certified by the clerk.
(e) Owners or lienholders may waive any and all notices required under this section, if the waivers are in writing. These written waivers shall be effective only from the time they are filed in the clerk's office.