If farm products are removed from the premises upon which grown, and sold to a shipper, wholesale dealer or manufacturer upon the open market in the ordinary course of trade before the filing of a lien provided for in this article, the shipper, wholesale dealer or manufacturer shall not be liable for any such lien unless notice has been given him of persons claiming the lien. The shipper, wholesale dealer or manufacturer shall demand a written statement, under oath, from the vendor, giving the names of and amounts due to persons entitled to liens under this article. A vendor who knowingly fails to make the statement when demanded or who knowingly makes a false or misleading statement is guilty of a class 2 misdemeanor, and, in addition to the penalty prescribed in section 33-906, shall be liable to any person thus deprived of his lien for double the full amount thereof, and for reasonable attorney’s fees if an action is instituted to recover the amount due.

Attorney's Note

Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 4 monthsup to $750
For details, see § 13-707

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Terms Used In Arizona Laws 33-903

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215