6-27/300.00 Notice of Sale



When a notice of sale is required to be posted in a public place, “public place” means such a place that an advertisement posted in it would be likely to attract general attention so that its contents might reasonably be expected to become a matter of notoriety in the vicinity.  Where a notice is required to be posted in three public places, posting in different entrances of the same building does not satisfy the statute as a building and its surrounding areas constitute one public place.  (Standley v. Knapp, 113 CA 91 – citation available through CMB Operations)

The failure of the levying officer to properly give notice of sale does not invalidate the sale, but it does make the officer liable to the judgment creditor and the judgment debtor for actual damages caused by failure to give notice.  (CCP 701.560)

A sale of personal property of an individual may not take place until the expiration of the time during which the judgment debtor may make a claim of exemption.  (CCP 701.530(d))