{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.7-308.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.7-308.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.7-308.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.7-308.html"}],"law_id":378284,"edition_id":2,"section_id":378284,"structure_id":53753,"section_number":"8.7-308","catch_line":"Enforcement of carrier’s lien","history":"Code 1950, \u00a7\u00a7 56-126, 56-127, 61-36; 1964, c. 219.","full_text":"1\n\nA carrier’s lien may be enforced by public or private sale of the goods, in bloc or in parcels, at any time or place and on any terms which are commercially reasonable, after notifying all persons known to claim an interest in the goods. Such notification must include a statement of the amount due, the nature of the proposed sale and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the carrier either sells the goods in the usual manner in any recognized market therefor or if he sells at the price current in such market at the time of his sale or if he has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence.\n\n2\n\nBefore any sale pursuant to this section any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section. In that event the goods must not be sold, but must be retained by the carrier subject to the terms of the bill and this title.\n\n3\n\nThe carrier may buy at any public sale pursuant to this section.\n\n4\n\nA purchaser in good faith of goods sold to enforce a carrier’s lien takes the goods free of any rights of persons against whom the lien was valid, despite noncompliance by the carrier with the requirements of this section.\n\n5\n\nThe carrier may satisfy his lien from the proceeds of any sale pursuant to this section but must hold the balance, if any, for delivery on demand to any person to whom he would have been bound to deliver the goods.\n\n6\n\nThe rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his debtor.\n\n7\n\nA carrier’s lien may be enforced in accordance with either subsection (1) or the procedure set forth in subsection (2) of § 8.7-210.\n\n8\n\nThe carrier is liable for damages caused by failure to comply with the requirements for sale under this section and in case of willful violation is liable for conversion.\n\n","order_by":null,"text":{"0":{"id":1411324,"text":"A carrier’s lien may be enforced by public or private sale of the goods, in bloc or in parcels, at any time or place and on any terms which are commercially reasonable, after notifying all persons known to claim an interest in the goods. Such notification must include a statement of the amount due, the nature of the proposed sale and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the carrier either sells the goods in the usual manner in any recognized market therefor or if he sells at the price current in such market at the time of his sale or if he has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":1411325,"text":"Before any sale pursuant to this section any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section. In that event the goods must not be sold, but must be retained by the carrier subject to the terms of the bill and this title.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":1411326,"text":"The carrier may buy at any public sale pursuant to this section.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"3":{"id":1411327,"text":"A purchaser in good faith of goods sold to enforce a carrier’s lien takes the goods free of any rights of persons against whom the lien was valid, despite noncompliance by the carrier with the requirements of this section.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"4":{"id":1411328,"text":"The carrier may satisfy his lien from the proceeds of any sale pursuant to this section but must hold the balance, if any, for delivery on demand to any person to whom he would have been bound to deliver the goods.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"5":{"id":1411329,"text":"The rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his debtor.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"6":{"id":1411330,"text":"A carrier’s lien may be enforced in accordance with either subsection (1) or the procedure set forth in subsection (2) of § 8.7-210.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"7":{"id":1411331,"text":"The carrier is liable for damages caused by failure to comply with the requirements for sale under this section and in case of willful violation is liable for conversion.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":53753,"edition_id":2,"name":"Bills of Lading: Special Provisions","identifier":"3","label":"part","depth":2,"order_by":3,"parent_id":53750,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 03:21:41","date_modified":"2026-08-02 12:28:34","permalink":{"id":1510505,"object_type":"structure","relational_id":53753,"identifier":"3","token":"8.7\/3","url":"\/8.7\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53750,"edition_id":2,"name":"Commercial Code \u2014 Warehouse Receipts, Bills of Lading and Other Documents of Title","identifier":"8.7","label":"title","depth":1,"order_by":26,"parent_id":null,"metadata":{"child_laws":42,"child_structures":6},"date_created":"2026-08-02 03:21:39","date_modified":"2026-08-02 12:28:33","permalink":{"id":1510431,"object_type":"structure","relational_id":53750,"identifier":"8.7","token":"8.7","url":"\/8.7\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378277,"structure_id":53753,"section_number":"8.7-301","catch_line":"Liability for nonreceipt or misdescription; \"said to contain\"; \"shipper's load and count\"; improper handling","url":"\/8.7-301\/","token":"8.7\/3\/8.7-301","metadata":false},{"id":378278,"structure_id":53753,"section_number":"8.7-302","catch_line":"Through bills of lading and similar documents","url":"\/8.7-302\/","token":"8.7\/3\/8.7-302","metadata":false},{"id":378279,"structure_id":53753,"section_number":"8.7-303","catch_line":"Diversion; reconsignment; change of instructions","url":"\/8.7-303\/","token":"8.7\/3\/8.7-303","metadata":false},{"id":378280,"structure_id":53753,"section_number":"8.7-304","catch_line":"Bills of lading in a set","url":"\/8.7-304\/","token":"8.7\/3\/8.7-304","metadata":false},{"id":378281,"structure_id":53753,"section_number":"8.7-305","catch_line":"Destination bills","url":"\/8.7-305\/","token":"8.7\/3\/8.7-305","metadata":false},{"id":378282,"structure_id":53753,"section_number":"8.7-306","catch_line":"Altered bills of lading","url":"\/8.7-306\/","token":"8.7\/3\/8.7-306","metadata":{"court_decisions":""}},{"id":378283,"structure_id":53753,"section_number":"8.7-307","catch_line":"Lien of carrier","url":"\/8.7-307\/","token":"8.7\/3\/8.7-307","metadata":false},{"id":378284,"structure_id":53753,"section_number":"8.7-308","catch_line":"Enforcement of carrier's lien","url":"\/8.7-308\/","token":"8.7\/3\/8.7-308","metadata":false},{"id":378285,"structure_id":53753,"section_number":"8.7-309","catch_line":"Duty of care; contractual limitation of carrier's liability","url":"\/8.7-309\/","token":"8.7\/3\/8.7-309","metadata":false}],"previous_section":{"id":378283,"structure_id":53753,"section_number":"8.7-307","catch_line":"Lien of carrier","url":"\/8.7-307\/","token":"8.7\/3\/8.7-307","metadata":false},"next_section":{"id":378285,"structure_id":53753,"section_number":"8.7-309","catch_line":"Duty of care; contractual limitation of carrier's liability","url":"\/8.7-309\/","token":"8.7\/3\/8.7-309","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.7-308\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1964, chapter 219.<\/p>","references":false,"refers_to":[{"id":378276,"section_number":"8.7-210","catch_line":"Enforcement of warehouseman's lien","order_by":null,"url":"\/8.7-210\/"}],"permalink":{"id":1510535,"object_type":"law","relational_id":378284,"identifier":"8.7-308","token":"8.7\/3\/8.7-308","url":"\/8.7-308\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.7-308\/","token":"8.7\/3\/8.7-308","dublin_core":{"Title":"Enforcement of carrier’s lien","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.7-308","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> A carrier’s lien<\/span> may be enforced by public or private sale of the goods, in bloc or in parcels, at any time or place and on any terms which are commercially reasonable, after notifying all persons known to claim an interest in the goods. Such notification must include a statement of the amount due, the nature of the proposed sale and the time and place of any public sale. The fact<\/span> that a better price could have been obtained by a sale at a different time or in a different method from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the carrier either sells the goods in the usual manner in any recognized market therefor or if he sells at the price current in such market at the time of his sale or if he has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Before any sale pursuant to this section any person claiming a right in the goods may pay the amount necessary to satisfy the lien<\/span> and the reasonable expenses incurred under this section. In that event the goods must not be sold, but must be retained by the carrier subject to the terms of the bill and this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The carrier may buy at any public sale pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A purchaser in good faith of goods sold to enforce a carrier’s lien<\/span> takes the goods free of any rights of persons against whom the lien<\/span> was valid, despite noncompliance by the carrier with the requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The carrier may satisfy his lien<\/span> from the proceeds of any sale pursuant to this section but must hold the balance, if any, for delivery on demand to any person to whom he would have been bound to deliver the goods. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The rights provided by this section shall be in addition to all other rights allowed by law<\/span> to a creditor<\/span> against his debtor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A carrier’s lien<\/span> may be enforced in accordance with either subsection (1) or the procedure set forth in subsection (2) of § 8.7-210<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The carrier is liable for damages<\/span> caused by failure to comply with the requirements for sale under this section and in case of willful violation is liable for conversion. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT OF CARRIER’S LIEN (\u00a7 8.7-308)\n\n1. A carrier’s lien may be enforced by public or private sale of the\ngoods, in bloc or in parcels, at any time or place and on any terms which are\ncommercially reasonable, after notifying all persons known to claim an interest\nin the goods. Such notification must include a statement of the amount due, the\nnature of the proposed sale and the time and place of any public sale. The fact\nthat a better price could have been obtained by a sale at a different time or in\na different method from that selected by the carrier is not of itself sufficient\nto establish that the sale was not made in a commercially reasonable manner. If\nthe carrier either sells the goods in the usual manner in any recognized market\ntherefor or if he sells at the price current in such market at the time of his\nsale or if he has otherwise sold in conformity with commercially reasonable\npractices among dealers in the type of goods sold he has sold in a commercially\nreasonable manner. A sale of more goods than apparently necessary to be offered\nto ensure satisfaction of the obligation is not commercially reasonable except\nin cases covered by the preceding sentence.\n\n2. Before any sale pursuant to this section any person claiming a right in the\ngoods may pay the amount necessary to satisfy the lien and the reasonable\nexpenses incurred under this section. In that event the goods must not be sold,\nbut must be retained by the carrier subject to the terms of the bill and this\ntitle.\n\n3. The carrier may buy at any public sale pursuant to this section.\n\n4. A purchaser in good faith of goods sold to enforce a carrier’s lien\ntakes the goods free of any rights of persons against whom the lien was valid,\ndespite noncompliance by the carrier with the requirements of this section.\n\n5. The carrier may satisfy his lien from the proceeds of any sale pursuant to\nthis section but must hold the balance, if any, for delivery on demand to any\nperson to whom he would have been bound to deliver the goods.\n\n6. The rights provided by this section shall be in addition to all other rights\nallowed by law to a creditor against his debtor.\n\n7. A carrier’s lien may be enforced in accordance with either subsection\n(1) or the procedure set forth in subsection (2) of § 8.7-210.\n\n8. The carrier is liable for damages caused by failure to comply with the\nrequirements for sale under this section and in case of willful violation is\nliable for conversion.\n\nHISTORY: Code 1950, \u00a7\u00a7 56-126, 56-127, 61-36; 1964, c. 219.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}