12-1533. Attachment of perishable property;
sale; procedure
A. When personal property which has been attached is not claimed or replevied, the
court or justice of the peace out of whose court the writ was issued may order it to be
sold, when it appears that the property is in danger of serious and immediate waste or
decay, or that keeping it until trial will result in such expense or deterioration in
value as greatly to lessen the amount likely to be realized therefrom.
B. In ascertaining whether the property is in danger of serious and immediate waste
or decay or that keeping of the property until trial will result in such expense or
deterioration in value as greatly to lessen the amount likely to be realized therefrom,
the court or justice of the peace may require or dispense with notice to the parties and
may act upon such information, by affidavit, certificate of the attaching officer or
other proof, as appears sufficient to protect the interest of the parties.
C. The sale shall be conducted in the same manner as sales of personal property
under execution, except as to time of advertisement, which may be fixed by the court or
justice of the peace for a shorter period.
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