Washington Code 60.11.040 – Statement of lien — Filing — Contents — Duration
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(1) Within fourteen days of receipt of a written request from the lien debtor, or other person who provides the lienholder authorization from the lien debtor for such statement, the lienholder shall provide that person a statement described in subsection (2) of this section. Failure timely to provide the statement shall cause the lienholder to be liable to the person requesting for the attorneys’ fees and costs incurred by that person to obtain the statement, together with damages incurred by that person due to the failure of the lienholder to provide the statement, including in the case of the lien debtor any loss resulting from the lien debtor’s inability to obtain financing, or the increased costs thereof.
Terms Used In Washington Code 60.11.040
- Crop: means all products of the soil either growing or cropped, cut, or gathered which require annual planting, harvesting, or cultivating. See Washington Code 60.11.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Landlord: means a person who leases or subleases to a tenant real property upon which crops are growing or will be grown. See Washington Code 60.11.010
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lien debtor: means the person who is obligated or owes payment or other performance. See Washington Code 60.11.010
- Lienholder: means a person who, by statute, has acquired a lien on the property of the lien debtor, or such person's successor in interest. See Washington Code 60.11.010
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) The statement shall be in writing, authenticated by the claimant, and shall contain in substance the following information:
(a) The name and address of the claimant;
(b) The name and address of the debtor;
(c) The date of commencement of performance for which the lien is claimed;
(d) A description of the labor services, materials, or supplies furnished;
(e) A description of the crop and its location to be charged with the lien sufficient for identification; and
(f) The signature of the claimant.
(3) The statement need not be filed with the department of licensing.
(4) A lien for rent claimed by a landlord pursuant to this chapter shall be effective during the term of the lease for a period of up to five years. A financing statement for a landlord lien covering a lease term longer than five years may be continued in accordance with *RCW 62A.9A-515(4). A landlord who has a right to a share of the crop may place suppliers on notice by filing a financing statement in the same manner as provided for filing a financing statement for a landlord’s lien.
NOTES:
*Reviser’s note: Subsection (4) was changed to subsection (d) pursuant to RCW 1.08.015.
Application—Effective date—2011 c 74: See notes following RCW 62A.9A-102.
Effective date—2000 c 250: See RCW 62A.9A-701.
Severability—1989 c 229: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.” [ 1989 c 229 § 2.]