9-312.Perishable property.

Some distrained property will not survive the length of a lawsuit. Section 9-312 addresses property that is perishable and in danger of immediate waste or decay, and that has not been replevied or bonded out under Section 9-311. In that situation, the landlord, or an agent or attorney, may apply to the court where the action is pending for an order addressing the property.

Notice practice depends on whether the defendant or the defendant's attorney can be located. The landlord must give notice to the defendant or the defendant's attorney if either can be found; if neither can be found, the landlord may apply without notice. The application must describe the property and show that it is in danger of waste or decay.

If the court is satisfied on that showing — and, where notice was not given, satisfied that neither the defendant nor the attorney could be found — it may order the person holding the property to sell it, on whatever timing, notice, terms, and conditions the court considers best for the parties involved.

The sale does not resolve who is entitled to the money. Proceeds from the sale go to the clerk of the court where the action is pending, to be held until the outcome of the case is decided, standing in for the perishable property itself in the eventual judgment.