Can I place a Lien on Cattle

11/16/2007 - Misc - State: CA #12400

Full Question:

Can I place a lien on cattle for their feed bill? I have said cattle in my feedlot.

Answer:

The following are CA statutes:

57402.

A person who provides feed or materials to aid the raising or maintaining of dairy cattle has a lien upon the proceeds of the milk or milk products produced from the dairy cattle, for the reasonable or agreed charges for the feed or materials provided and for the costs of enforcing the lien. However, the amount of charges secured by the lien cannot exceed an amount equal to the reasonable or agreed charges for feed or material provided within a 45-day period, and only two providers of feed or materials shall have an enforceable lien at any time according to the priority set forth in Section 57406.

57403.

(a) The lien created pursuant to this chapter attaches to proceeds.
(b) Except as otherwise provided in this chapter, the notice of claim of lien shall remain in effect, and no new notice of claim of lien shall be required in order to maintain the lien, as long as the person who provides feed or materials either (1) remains unpaid for amounts secured by the lien, or (2) continues to provide feed or materials on a regular basis to the lien debtor. For purposes of this section, providing feed or materials shall not be deemed to be made on a regular basis if a period of more than 30 days elapses between deliveries.

57405.

The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the Secretary of State pursuant to all the provisions of this section.

(a) The person who provides feed or materials may, at any time, file in the manner and at the place set forth in this section, the notice of claim of lien.
(b) The notice of claim of lien shall, at a minimum, set forth all of the following information:
(1) The name and address of the lien claimant.
(2) The name and address of the lien debtor.
(3) The location of the dairy to which the feed and materials were provided.
(4) That the lien claimant has a dairy cattle supply lien pursuant to Section 57402.
(c) The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant.
(d) The notice of claim of lien shall be filed on a form which is the standard form of original financing statement prescribed by the Secretary of State pursuant to Section 9521 of the Commercial Code. The standard form shall be completed with the following changes:
(1) The lien claimant may be identified either as lien claimant or as secured party.
(2) The form shall be signed by the lien claimant and need not be signed by the debtor.
(3) In the space for the description of the collateral there shall instead be entered the statement substantially as set forth in paragraphs (3) and (4) of subdivision (b).
(e) The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as a financing statement is filed, indexed, and marked pursuant to Section 9519 of the Commercial Code.
(f) The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of the filing with the office of the Secretary of State.
(g) For the purpose of the Secretary of State's index pursuant to Sections 9515, 9516, and 9522 of the Commercial Code and for the purpose of the issuance of a certificate pursuant to Section 9519 or 9528 of the Commercial Code, the Secretary of State shall identify a notice pursuant to this section as a financing statement.

57406.

(a) The lien created by this chapter shall have priority


Please see the information at the following links: Please see the forms at the following links:

11/16/2007 - Category: Misc - State: CA #12400

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