Idaho Code 45-1804 – Duration of Lien — Notice of Lien
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(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.
Terms Used In Idaho Code 45-1804
- Agricultural commodity dealer: means any person who contracts for or solicits any agricultural product from an agricultural producer or negotiates the consignment or purchase of any agricultural product, or receives for sale, resale or shipment for storage, processing, cleaning or reconditioning, any agricultural product, or who buys during any calendar year, at least ten thousand dollars ($10,000) worth of agricultural products from the producer or producers of the commodity. See Idaho Code 45-1801
- Agricultural commodity producer: means the owner, tenant or operator of land who receives all or part of the proceeds from the sale, under contract, bailment or otherwise, or delivery under contract or bailment, of agricultural products produced on that land. See Idaho Code 45-1801
- Agricultural product: means wheat, corn, oats, barley, rye, lentils, soybeans, grain sorghum, dry beans and peas, beans, safflower, sunflower seeds, tame mustards, rapeseed, flaxseed, leguminous seed or other small seed, or any other agricultural commodity, including any of the foregoing, whether cleaned, processed, treated, reconditioned or whether mixed, rolled or combined in any fashion or by any means to create a product used as animal, poultry or fish feed. See Idaho Code 45-1801
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means an individual, trust, partnership, limited liability company, corporation, or unincorporated association or any other legal or commercial entity. See Idaho Code 45-1801
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3) The notice of lien shall be entered in a searchable database maintained by the secretary of state.