§ 9-13-164.Sale of perishable property — Advertisement; notice; disposition of proceeds

This section fills in the mechanics that Code Section 9-13-163 leaves open — how the resulting sale gets advertised, what notice the defendant is owed before the order even issues, and what happens to the money afterward.

Subsection (a) sets the baseline: the time and place of a Section 9-13-163 sale must be advertised at the courthouse and at two other public places at least ten days before the sale. Subsection (b) then carves out a faster track for a narrower category — livestock, fruit, or other personal property in a perishable condition — which a judge or probate court judge may order sold after just three days’ notice, reflecting how quickly some of that property loses its value.

Subsection (c) supplies the due-process backstop that applies before either kind of order can issue at all: no judge may grant an order for the sale of personal property unless the defendant, or the defendant’s attorney, has had at least two days’ notice of the applicant’s intent to seek the order, specifying the time and place of the hearing, with the same notice owed to the plaintiff in purchase-money attachment cases. That notice can be dispensed with only when it is impracticable to arrange or the matter is urgent, and even then only through the court’s sound discretion — a narrow exception, not a routine option.

Subsection (d) closes the loop on the money: proceeds from the sale are held by the officer who conducted it, subject to the order of the court with jurisdiction over the case, rather than paid out directly to either party.