Section 45-1905 – EFFECT OF NOTICE — PRIORITY.
45-1905. EFFECT OF NOTICE — PRIORITY. (1) When a notice of lien is filed, the state lien is perfected in all of the existing and after-acquired property of the debtor, both real and personal, tangible and intangible, to which the lien attaches pursuant to the relevant provisions of chapter 6 of title 45, title 63, […]
Section 45-1605 – PENALTIES.
45-1605. PENALTIES. In addition to any other penalty provided by law, any person who violates the provisions of this chapter shall be liable for penalties and damages in accordance with chapter 6, title 48, Idaho Code. History: [45-1605, added 2008, ch. 192, sec. 1, p. 603.]
Section 45-1906 – DURATION OF NOTICE — LAPSE — CONTINUATION.
45-1906. DURATION OF NOTICE — LAPSE — CONTINUATION. (1) Except as provided in subsection (2) of this section, a notice of lien is effective for a period of five (5) years from the date of filing, unless sooner released by the filing agency. Effectiveness of the notice of lien lapses on the expiration of the […]
Section 45-1801 – DEFINITIONS.
45-1801. DEFINITIONS. As used in this chapter: (1) "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 […]
Section 45-1907 – AMENDMENT OF NOTICE OF LIEN.
45-1907. AMENDMENT OF NOTICE OF LIEN. (1) The filing agency may amend a notice of lien in any respect by filing a notice of amendment with the secretary of state. (2) The notice of amendment shall identify the notice of lien to which it relates, and it shall include such information and be in such […]
Section 45-1802 – LIEN CREATED — WHO MAY HAVE.
45-1802. LIEN CREATED — WHO MAY HAVE. An agricultural commodity producer or an agricultural commodity dealer who sells, or delivers under contract or bailment, an agricultural product has a lien on the agricultural product or the proceeds of the sale of the agricultural product as provided in section 45-1804, Idaho Code. The lien created in […]
Section 45-1803 – WHEN LIEN ATTACHES.
45-1803. WHEN LIEN ATTACHES. The lien created by section 45-1802, Idaho Code, attaches to the agricultural product and to the proceeds of the subsequent sale of the agricultural product on the date the agricultural product is physically delivered to the purchaser or on the date any final payment is due, and unpaid, to the agricultural […]
Section 45-1804 – DURATION OF LIEN — NOTICE OF LIEN.
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 […]
Section 45-1805 – PRIORITY OF LIEN.
45-1805. PRIORITY OF LIEN. The lien created by section 45-1802, Idaho Code, is preferred to a lien or security interest in favor of a creditor of the purchaser, regardless of whether the creditor’s lien or security interest attaches to the agricultural product or proceeds of the sale of the agricultural product before or after the […]
Section 45-1806 – DISCHARGE OF LIEN.
45-1806. DISCHARGE OF LIEN. The lien created by section 45-1802, Idaho Code, is discharged when the lienholder receives full payment for the agricultural product. If payment is received in the form of a negotiable instrument, full payment is received when the negotiable instrument clears banking channels. History: [45-1806, added 1983, ch. 202, sec. 1, p. […]