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Idaho Code § 45-308

Notice of claim of lien

I.C., § 45-308, as added by 1989, ch. 359, § 2, p. 900; am. 1996, ch. 262, § 2, p. 862; am. 2000, ch. 338, § 1, p. 1131; am. 2016, ch. 202, § 1, p. 572.

(1) A claimant must file with the secretary of state a notice of claim of lien between thirty (30) days before and one hundred twenty (120) days after completion of his labor for or providing seed to the producer. If a notice of claim of lien is filed before completion of the labor or delivery of the seed, there must exist a written or verbal contract for such labor or seed.

(2) The notice of claim of lien must include: The nature of the lien (farm laborer’s or seed);

(3) The name and address of the producer;

(4) The name and address of the claimant;

(5) The county or counties where the crop or crops covered by the lien are grown;

(6) The type(s) of crop (name of commodity) to which the lien applies;

(7) The crop year of the crop(s) to which the lien applies;

(8) Such other information as the secretary of state shall by administrative rule require; and

(9) The amount of claim exclusive of interest.

(10) The notice of claim of lien shall be signed by the claimant, his agent, or his attorney-in-fact, and the signer shall certify to the truth of the claim. Notarization is not required.

(11) The notice of claim of lien shall be filed on a standard form prescribed by the secretary of state. The form must satisfy the requirements of a farm products financing statement under section 28-9-502(e), Idaho Code, except that: The debtor may be identified as the producer;

(12) The secured party may be identified as the claimant;

(13) The debtor’s social security number, taxpayer identification number or other number unique to the debtor need not be included; and

(14) The debtor’s signature need not be included.

(15) A claimant shall give written notice of the claim to the producer.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.