Wash. Rev. Code § 60.11.030

Current through 2024

Section 60.11.030 - Attachment and effectiveness of lien on crops and proceeds-Filing

(1) Upon the later of both:

(a) Execution of the lease or other agreement, or commencement of delivery of such supplies, and/or of provision of such services giving rise to the crop lien; and

(b) filing a financing statement as required by RCW 62A.9A-310 and subsection (3) of this section, the crop liens described in RCW 60.11.020(1) and (2) shall become effective and attach to the subject crop for all sums then and thereafter due and owing the lienholder under this chapter, and those liens shall continue in all identifiable cash proceeds of the crop.

(2) Upon the delivery of an orchard crop by the lien debtor or another handler to a handler without the necessity of filing, the crop lien described in RCW 60.11.020(3) shall become effective and attach to and be perfected in the delivered orchard crop for all sums then and thereafter due and owing the lienholder under this chapter, and the lien shall continue and be perfected in all proceeds of the orchard crop.

(3) Except as provided in RCW 60.11.040(4) with respect to the lien of a landlord, and except for the lien of a handler on orchard crops as provided in RCW 60.11.020(3), the lienholder must file the required financing statement during the period after the commencement of delivery of such supplies and/or of provision of such services, but before the completion of the harvest of the crops for which the lien is claimed, or in the case of a lien for furnishing work or labor, before the end of the fortieth day after the cessation of the work or labor for which the lien is claimed. If the lienholder under the crop liens described in RCW 60.11.020(1) or (2) is to be allowed costs, disbursements, and attorneys' fees, the lienholder must also mail a copy of such financing statement to the last known address of the debtor by certified mail, return receipt requested, within ten days after filing the financing statement.

RCW 60.11.030

2001 c 32 § 4; 2000 c 250 § 9A-826; 1991 c 286 § 3; 1986 c 242 § 3.

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

Effective date-2000 c 250: See RCW 62A.9A-701.