Short answer. Yes. On a hearing with notice to both parties, if it appears the attached property is perishable, or that all parties' interests would be served by a sale, the court may order it sold at public auction and the proceeds deposited in court to abide the judgment.
What the law says
Whenever it shall be made to appear to the court in which the action is pending, upon hearing with notice to both parties, that the property attached is perishable, or that the interests of all the parties to the action will be subserved by the sale thereof, the court may order such property to be sold at public auction in such manner as it may direct, and the proceeds of such sale to be deposited in court to abide the judgment in the action.
Rule 57, Section 11 — When attached property may be sold after levy on attachment and before entry of judgment. Read the full provision →
A hearing with notice comes first
Rule 57, Section 11 does not let a court order the sale of attached property without process. The section requires a hearing with notice to both parties before the court can act, giving the party whose property was attached a chance to be heard on whether a pre-judgment sale is appropriate. A sale ordered without such notice and hearing is procedurally defective and can be set aside, since the requirement exists precisely so the owner can contest whether the goods are truly perishable, propose an alternative such as a bond, or argue that a sale would not actually serve the interests of the parties.
Two separate grounds justify a sale
The section identifies two distinct situations that can justify ordering a sale before judgment: the property being perishable, where delay itself would destroy its value, and a broader finding that the interests of all the parties to the action would be served by selling it, which can cover property that is not perishable but is, for other reasons, better liquidated than held. Storage or maintenance costs that would erode the property's value over the litigation, or a defendant's own request that idle goods be converted into cash rather than left to depreciate, can likewise support a sale under this second ground.
Proceeds stand in for the property
When the court does order a sale, the proceeds are deposited in court to abide the judgment in the action, rather than being distributed immediately. This preserves the same security the original attachment provided — the money now stands in place of the property until the case is finally decided. Because the funds substitute for the goods, they remain subject to the same claims and defenses that would have applied to the property itself, and neither party may withdraw them until the court renders judgment resolving who is entitled to the amount on deposit, at which point the proceeds — not the perished or sold goods — are what gets released to the winning party.
Related provisions
- Rule 57, Section 11 — When attached property may be sold after levy on attachment and before entry of judgment
- Rule 57, Section 15 — Satisfaction of judgment out of property attached; return of sheriff