PS 101 – Chapter 6 – Article 9 – Self Storage Notice of Lien Sale or Notice of Disposal – Training 4 Private Investigators and Process Servers

This type of document is rarely seen by process servers. Service of a Notice of Lien Sale or Notice of Disposal may be accomplished in one of two ways.

“The owner shall then serve by personal service…” By personal service this means “in hand service.”
“…send to the occupant, addressed to the occupant’s last known address and to the alternative address specified in RCW 19.150.120(2) by certified mail, postage prepaid…” Note that although the mailing must be certified there is no requirement for a return receipt bearing the target’s signature. Service is accomplished by the act of mailing to the target.

Given the mailing option it is easy to understand why process servers seldom see this document.

RCW 19.150.060
Attachment of lien — Notice of lien sale or notice of disposal.
If a notice has been sent, as required by RCW 19.150.040, and the total sum due has not been paid as of the date specified in the preliminary lien notice, the lien proposed by this notice attaches as of that date and the owner may deny an occupant access to the space, enter the space, inventory the goods therein, and remove any property found therein to a place of safe keeping. The owner shall then serve by personal service or send to the occupant, addressed to the occupant’s last known address and to the alternative address specified in RCW 19.150.120(2) by certified mail, postage prepaid, a notice of lien sale or notice of disposal which shall state all of the following:

(1)	That the occupant’s right to use the storage space has terminated and that the occupant no longer has access to the stored property.
(2)	That the stored property is subject to a lien, and the amount of the lien accrued and to accrue prior to the date required to be specified in subsection (3) of this section.
(3)	That the property, other than personal papers and personal effects, may be sold to satisfy the lien after a specified date which is not less than fourteen days from the date of mailing the lien sale notice, or a minimum of forty-two days after the date when any part of the rent or other charges due from the occupants remain unpaid, whichever is later, unless the amount of the lien is paid. If the total value of property in the storage space is less than three hundred dollars, the owner may, instead of sale, dispose of the property in any reasonable manner, subject to the restrictions of RCW 19.150.080(4).
(4)	That any excess proceeds of the sale or other disposition under RCW 19.150.080(2) over the lien amount and costs of sale will be retained by the owner and may be reclaimed by the occupant, or claimed by another person, at any time for a period of six months from the sale and that thereafter the proceeds will be turned over to the state as abandoned property as provided in RCW 63.29.165.
(5)	That any personal papers and personal effects will be retained by the owner and may be reclaimed by the occupant at any time for a period of six months from the sale or other disposition of property and that thereafter the owner may dispose of the personal papers and effects in a reasonable manner, subject to the restrictions of RCW 19.150.080(3).
(6)	That the occupant has no right to repurchase any property sold at the lien sale.

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