When any goods, merchandise, or other property has been received by any railroad or express company, other common carrier, commission merchant, innkeeper, or warehouseman, for transportation or safekeeping, and is not delivered to the owner, consignee, or other authorized person, the carrier, commission merchant, innkeeper, or warehouseman may hold or store the property with some responsible person until the freight and all just and reasonable charges are paid.
Lost and Unclaimed PropertyUnclaimed Property
Section § 2081
This law allows carriers like railroads, express companies, commission merchants, innkeepers, or warehouse operators to store goods with a responsible third party if the rightful owner doesn't claim them. They can do this until any fees or charges for transportation or storage are paid by the owner or an authorized person.
goods storage freight charges common carrier
Section § 2081.1
If nobody claims their goods and pays the fees within 60 days, the company holding the items, like a transport or storage business, can auction them off to cover those costs. They have to provide the usual auction notice before selling.
If within 60 days after its receipt no person calls for the property and pays the freight and charges upon it, the carrier, commission merchant, innkeeper, or warehouseman may sell the property, or so much of it as will pay freight and charges, to the highest bidder at public auction, after first causing such notice of sale to be given as is customary in sales of goods by auction at the place where the goods are held or stored.
public auction unclaimed property freight charges
Section § 2081.2
After selling an item, if there's any money left over after covering costs like shipping, storage, and the sale itself, this leftover money should be given to the item's owner if they ask for it within 60 days.
If any surplus remains after paying the freight, storage, expenses of sale, and other reasonable charges, the sum remaining shall be paid over to the owner of the property, upon his demand at any time within 60 days after the sale.
surplus distribution freight costs storage expenses
Section § 2081.3
If someone sells property and makes extra money, the original owner has 60 days to claim that extra money. If they don't, the money goes to the county, but the owner can still ask for it later.
If the owner or his agent fails to demand the surplus within 60 days after the sale, it shall be paid into the county treasury, subject to the order of the owner.
surplus funds owner's claim property sale
Section § 2081.4
Once property is stored, the carrier, commission merchant, innkeeper, or warehouse operator is no longer responsible for loss or damage unless it was due to their negligence or lack of proper care.
After the storage of the property the responsibility of the carrier, commission merchant, innkeeper, or warehouseman ceases. The person with whom the property is stored is not liable for loss or damage on its account unless the loss or damage results from his negligence or want of proper care.
storage responsibility carrier liability commission merchant
Section § 2081.5
If someone who sells goods for others, like a commission merchant or warehouseman, receives items to sell and lends money against them, they can sell those items if the loan isn't repaid within 60 days. They must follow specific advertising and selling rules when doing so.
When any commission merchant or warehouseman receives produce, merchandise, or other property on consignment and makes advances upon it, either to the owner or for freight and charges, if the advances are not paid to him within 60 days from the date made, he may cause the produce, merchandise, or property on which the advances were made, to be advertised and sold pursuant to this article.
commission merchant warehouseman consignment
Section § 2081.6
This law states that all actions or processes under this specific article must follow the rules laid out in that article only, and other related laws mentioned in a different part of the code do not influence or control these proceedings.
All proceedings pursuant to this article are governed entirely by its provisions and are not controlled or affected by Article 2, Chapter 3, Title 7, Part 4, Division 3 of this code.
proceedings provisions governing rules
