(770 ILCS 90/0.01) (from Ch. 141, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Sale of Unclaimed Property Act.
(Source: P.A. 86-1324.)
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(770 ILCS 90/1) (from Ch. 141, par. 1)
Sec. 1.
Except as provided in the Uniform Commercial Code in sections 7-209,
7-210, 7-307 and 7-308 regarding the lien and foreclosure
provisions for warehousemen and carriers and except as provided in the
Self-Service Storage Facility Act, enacted by the Eighty-Third General Assembly,
whenever any trunk, carpet-bag,
valise, bundle, package, or article of property, transported, or coming
into the possession of any railroad or express company, or any other common
carrier, or innkeeper or warehouseman, or private warehouse-keeper, in the
course of its or his business as common carrier, innkeeper, warehouseman or
private warehouse-keeper remains unclaimed and the legal charges thereon
unpaid during the space of 6 months after its arrival at the point to which
it shall have been directed, and the owner or person to whom the same is
consigned cannot be found upon diligent inquiry, or, being found and
notified of the arrival of such article, refuses or neglects to receive the
same and pay the legal charges thereon for the space of 3 months, it shall
be lawful for such common carrier, innkeeper, warehouseman or private
warehouse-keeper to sell such article at public auction, after giving the
owner or consignee 15 days' notice of the time and place of sale, through
the post office, and by advertising in a newspaper published in the county
where such sale is made, and out of the proceeds of such sale to pay all
legal charges on such articles, and the overplus, if any, shall be paid to
the owner or the consignee upon demand.
(Source: P.A. 83-800.)
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(770 ILCS 90/2) (from Ch. 141, par. 2)
Sec. 2.
Perishable property which has been transported to destination, and
the owner, or consignee, notified of its arrival, or being notified,
refuses or neglects to receive the same and pay the legal charges thereon,
or if upon diligent inquiry the consignee cannot be found, such carrier
may, in the exercise of a reasonable discretion, sell the same at public or
private sale without advertising, and the proceeds, after deducting the
freight and charges and expenses of sale, shall be paid to the owner or
consignee upon demand.
(Source: R.S. 1874, p. 1086.)
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(770 ILCS 90/3) (from Ch. 141, par. 3)
Sec. 3.
All persons other than common carriers having a lien on personal
property, by virtue of the Innkeepers Lien Act or for more than $2,000 by
virtue of the Labor and Storage Lien Act may enforce the lien by a sale of
the property, on giving to the owner thereof, if he and his residence be
known to the person having such lien, 30 days' notice by certified mail, in
writing of the time and place of such sale, and if the owner or his place
of residence be unknown to the person having such lien, then upon his
filing his affidavit to that effect with the clerk of the circuit court in
the county where such property is situated; notice of the sale may be given
by publishing the same once in each week for 3 successive weeks in some
newspaper of general circulation published in the county, and out of the
proceeds of the sale all costs and charges for advertising and making the
same, and the amount of the lien shall be paid, and the surplus, if any,
shall be paid to the owner of the property or, if not claimed by said
owner, such surplus, if any, shall be disposed under the Revised Uniform Unclaimed Property Act. All sales pursuant to this Section must be
public and conducted in a commercially reasonable manner so as to maximize
the net proceeds of the sale. Conformity to the requirements of this Act
shall be a perpetual bar to any action against such lienor by any person
for the recovery of such chattels or the value thereof or any damages
growing out of the failure of such person to receive such chattels.
(Source: P.A. 100-22, eff. 1-1-18.)
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