Current through the 2024 Regular Session
Section 45-308 - NOTICE OF CLAIM OF LIEN(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: (a) The nature of the lien (farm laborer's or seed);(b) The name and address of the producer;(c) The name and address of the claimant;(d) The county or counties where the crop or crops covered by the lien are grown;(e) The type(s) of crop (name of commodity) to which the lien applies;(f) The crop year of the crop(s) to which the lien applies;(g) Such other information as the secretary of state shall by administrative rule require; and(h) The amount of claim exclusive of interest.(3) 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.(4) 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: (a) The debtor may be identified as the producer;(b) The secured party may be identified as the claimant;(c) The debtor's social security number, taxpayer identification number or other number unique to the debtor need not be included; and(d) The debtor's signature need not be included.(5) A claimant shall give written notice of the claim to the producer.[45-308, added 1989, ch. 359, sec. 2, p. 902; am. 1996, ch. 262, sec. 2, p. 863; am. 2000, ch. 338, sec. 1, p. 1131; am. 2016, ch. 202, sec. 1, p. 572.]Amended by 2016 Session Laws, ch. 202,sec. 1, eff. 3/24/2016.