Can I place a Lien on Cattle

Full Question:

Can I place a lien on cattle for their feed bill? I have said cattle in my feedlot.
11/16/2007   |   Category: Misc   |   State: California   |   #12400

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

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