TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 18

AGRICULTURAL COMMODITY DEALER LIENS

45-1804.  Duration of lien — Notice of lien. (1) The lien provided for by section 45-1802, Idaho Code, remains in effect for a period of one hundred eighty (180) days after the date of attachment, except as provided in subsection (2) of this section.

(2)  The lien provided for by section 45-1802, Idaho Code, is continued for a period of one (1) year from the date of filing if a written notice of lien, on a form prescribed by the secretary of state, is filed with the secretary of state by the agricultural commodity producer or the agricultural commodity dealer within one hundred eighty (180) days after the date of attachment. The form for the notice of lien shall require the following information:

(a)  A statement of the amount claimed by the agricultural commodity producer or agricultural commodity dealer after deducting all credits and offsets;

(b)  The name, address and signature of the agricultural commodity producer or agricultural commodity dealer claiming the lien;

(c)  The name and address of the person who purchased the agricultural product from the agricultural commodity producer or agricultural commodity dealer;

(d)  A description of the agricultural product charged with the lien including crop year; and

(e)  Such other information as the form prescribed by the secretary of state may require.

(3)  The notice of lien shall be entered in a searchable database maintained by the secretary of state.

History:

[45-1804, added 1983, ch. 202, sec. 1, p. 550; am. 1989, ch. 4, sec. 1, p. 5; am. 1989, ch. 265, sec. 2, 645; am. 2000, ch. 339, sec. 2, p. 1133; am. 2001, ch. 363, sec. 3, p. 1280; am. 2002, ch. 308, sec. 3, p. 879.]