60.13.040 - Filing of statement evidencing lien -- Contents -- Standard filing forms, fees, and procedures.

Filing of statement evidencing lien — Contents — Standard filing forms, fees, and procedures.

(1) A producer or commercial fisherman claiming a processor or preparer lien may file a statement evidencing the lien with the department of licensing after payment from the processor, conditioner, or preparer to the producer or fisherman is due and remains unpaid. For purposes of this subsection and RCW 60.13.050, payment is due on the date specified in the contract, or if not specified, then within thirty days from time of delivery.

     (2) The statement shall be in a record, authenticated by the producer or fisherman, and shall contain in substance the following information:

     (a) A true statement or a reasonable estimate of the amount demanded after deducting all credits and offsets;

     (b) The name of the processor, conditioner, or preparer who received the agricultural product or fish to be charged with the lien;

     (c) A description sufficient to identify the agricultural product or fish to be charged with the lien;

     (d) A statement that the amount claimed is a true and bona fide existing debt as of the date of the filing of the notice evidencing the lien;

     (e) The date on which payment was due for the agricultural product or fish to be charged with the lien; and

     (f) The department of licensing may by rule prescribe standard filing forms, fees, and uniform procedures for filing with, and obtaining information from, filing officers.

[2002 c 278 § 2; 2001 c 32 § 6. Prior: 1987 c 189 § 7; 1987 c 148 § 3; 1985 c 412 § 4.]

Notes: Effective date -- 2001 c 32: See note following RCW 62A.9A-102.