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New York · Through 2026-09-11

N.Y. Lien Law § 201: Notice of sale

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Where this section sits in the code
  1. Lien Law
  2. Article 9. Enforcement of Liens On Personal Property

§ 201. Notice of sale. Before such sale is held the lienor shall serve

a notice upon the owner with due diligence within such county, if such

owner can be found where such lien arose, if not then to the person for

whose account the same is then held personally, provided such service

can be made with due diligence within the county where such lien arose,

but if such owner or person cannot with due diligence be found within

such county, or if the property affected, other than a security, is a

motor vehicle that is to be sold pursuant to subdivision three of

section two hundred two of this article of a value of less than five

hundred dollars or other property that is of a value of less than one

hundred dollars, then such notice shall be served by mailing it to the

owner at his last known place of residence, or to his last known

post-office address or if the owner's place of residence or post-office

address is not known, then to the last known place of residence or last

known post-office address of the person for whose account the same is

then held personally. Any notice permitted herein to be served by mail

shall be sent by certified mail, return receipt requested, and by

first-class mail. A like notice shall be served in the same way upon any

person who shall have given to the lienor notice of an interest in the

property subject to the lien and upon any person who has perfected a

security interest in the property by filing a financing statement

pursuant to the provisions of the uniform commercial code or who is

listed as lienholder upon the certificate of title of the property

pursuant to the provisions of the vehicle and traffic law. Such notice

shall contain a statement of the following facts:

1. The nature of the debt or the agreement under which the lien arose,

with an itemized statement of the claim and the time when due;

2. A brief description of the personal property against which the lien

exists;

3. The estimated value of such property;

4. The amount of such lien, at the date of the notice.

It shall also require such owner or any such person to pay the amount

of such lien, on or before a day mentioned therein, not less than ten

days from the service thereof, and shall state the time when and place

where such property will be sold, if such amount is not paid; and it

shall state that the owner or any such person is entitled to bring a

proceeding under section two hundred one-a of this article within ten

days of the service of notice if he disputes the validity of the lien or

the amount claimed. If the agreement on which the lien is based provides

for the continuous care of property the lienor is also entitled to

receive all sums which may accrue under the agreement, subsequent to the

notice and prior to payment or a sale of the property; and the notice

shall contain a statement that such additional sum is demanded. Such

notice shall be verified by the lienor to the effect that the lien upon

such property is valid, that the debt upon which such lien is founded is

due and has not been paid and that the facts stated in such notice are

true to the best of his knowledge and belief.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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