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Posting of Legal Notices

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  • Posting of Legal Notices

    Morning fellow Buckeyes!

    I am trying find information regarding the revision to the Lien Law for posting Legal/Public Notices. I have read we no longer have to post in the newspaper; however, I am unclear on what is and what is not considered a legal posting. For example, are we able to post on Craigslist or Facebook; does it have to be on a company website? When I look at the ORC it does not state that you can post the notice other than the newspaper:

    (F) The sale of the personal property shall be held at the self-service storage facility or, if the address of the place was included in the notice as required by division (C)(7) of this section, at the nearest suitable place to the self-service storage facility at which the personal property is stored .

    (G) After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located or any other commercially reasonable manner. The manner of advertisement shall be deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised. The advertisement shall include all of the following:

    (1) A brief and general description of the personal property as required by division (C)(3) of this section, except that the description shall describe the contents of any trunk, valise, or box that is locked, fastened, sealed, or tied in a manner that deters immediate access to its contents, if the trunk, valise, or box is opened by the owner prior to the date on which the advertisement of sale is published;

    (2) The name and last known address of the occupant who rented the storage space in which the personal property was stored;

    (3) The address of the self-service storage facility;

    (4) The time, place, and manner of the sale.

    The sale shall take place at least fifteen days after the first publication.
    Canton, OH - Hall of Fame City

  • #2
    Re: Posting of Legal Notices

    [B]an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located or any other commercially reasonable manner.

    Kelly, I am reading this and what I get out of it remains, that you MUST advertise.
    Once a week.
    For a total of 2 consecutive weeks. Pick a paper that is a county paper for your county or region.
    Publish the tenants name, the unit number a brief description of what is in the unit.

    Seems as though you must also include the tenants "last known address" as well.
    Don't put off until tomorrow, what you can do today.

    Comment


    • #3
      Re: Posting of Legal Notices

      I am not understanding the wording of
      "or any other commercially reasonable manner. The manner of advertisement shall be deemed commercially reasonable if at least three independent bidders attend the sale at the time and place advertised."

      My thoughts are IF you publish anywhere else, such as the internet and/or Craigslist "3 independent bidders MUST attend"

      You are better off just to continue to post in your local newspaper.
      Don't put off until tomorrow, what you can do today.

      Comment


      • #4
        Re: Posting of Legal Notices

        Here in Ohio there is no reason to put an ad in the newspaper anymore. I'm not sure about the rest of the states, but Ohio seems like they go out of their way to make sure they are not specific in any of the storage laws. Basically the way we read it is that as long as 3 bidders show up you have advertised. That could mean you posted a flyer on a telephone pole for 2 weeks, as long as you have 3 bidders show up you are ok. personally we use auctionzip.com, they are free so it costs us nothing to advertise. We actually put our auctionzip listing up a good month before the auction. Usually when we send out our lien notices, by the way NOT certified it says in the laws how to send them I can't remember off the top of my head what the call it maybe first class mail with certificate of mailing, we then post our add on auctionzip. We also give ourselves plenty of time, as a rule of thumb we add 5 days to every deadline the law requires.

        Comment


        • #5
          Re: Posting of Legal Notices

          I have a follow up question.

          What would happen if you did NOT get at least 3 bidders/buyers to show up the day of the sale?

          Would you cancel it and hold it another day?
          Would it make more sense to then just go ahead and publish in the paper?
          And if you DID post in the paper and you did not get at least 3 bidders, would you again cancel the sale?
          Don't put off until tomorrow, what you can do today.

          Comment


          • #6
            Re: Posting of Legal Notices

            I already have at least 3 bidders who are interested. I have no concerns about meeting that requirement. I believe I have seen the auctionzip.com site mentioned. Since we are a small operation I would like to cut costs as much as possible, but still follow the law. My only concern is following the law as it states in regards to making sure it is posted properly.

            Thank you for the responses.
            Canton, OH - Hall of Fame City

            Comment


            • #7
              Re: Posting of Legal Notices

              The 3 bidders part shouldn't be a problem no matter what you do thanks to the tv shows. If you did have less than 3 bidders though then I would start the process over.

              The main reason Ohio changed its lien law was to get out from under the newspaper monopoly, I am sure you can use them if you want but in my opinion it is a waste of money. If you are really worried about it I would contact you attorney and ask them.

              Comment

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