§ Rule 3128 Notice of Sale Personal Property

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Rule 3128. Notice of Sale. Personal Property

    (a) Notice of sale of personal property shall be given by the sheriff at least six (6) days prior to sale by handbills posted at the sheriff's office, the place of sale and the place of levy, if different from the place of sale.

    (b) The notice of sale shall include a notice that all claims to the property must be filed with the sheriff before sale and all claims to the proceeds before distribution; that a sheriff's schedule of distribution will be filed in the sheriff's office on a date specified by the sheriff, not later than five days after sale; and that distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereafter. No further notice of the filing of the schedule of distribution need be given.

    Note: The time of sale, terms and conditions as to amount of deposit, time for payment of balance, forfeiture of deposit, resales or forfeiture and similar matters are not regulated by these rules and will be governed by local practice in order to permit greater adaptability to the wide variety of local conditions and customs.

    (c) If the sale is stayed, or continued or adjourned generally, new notice shall be given as provided by Subdivisions (a) and (b). If the sale is continued or adjourned at the direction of the plaintiff to a date certain within thirty (30) days, and public announcement of the adjournment and new date is made to the bidders assembled at the time and place originally fixed for the sale, no new notice shall be required, but there may be only one such continuance or adjournment to a date certain without new notice.

    (d) The court may by local rule or special order require additional notice to the defendant.