A person who controls or possesses amounts payable to the preparer of dairy products or the preparer’s assigns, if the preparer or preparer’s assigns is not a producer-handler, which are properly encumbered by a preparer’s lien upon an account receivable shall not be obligated to pay a producer amounts to which the producer’s preparer lien has attached until that person receives written notice of such lien, nor shall that person be liable to the producer for any amounts paid out prior to receipt of said notice. The notice required herein shall contain the information described in RCW 60.13.040(2). If requested by the person responsible for payment of such amounts, the producer must seasonably furnish reasonable proof that the preparer lien continues to exist and unless such proof is so furnished, that person has no obligation to pay the producer. A preparer of dairy products shall provide the name of the purchaser or marketing agent of the products to the producer upon request.

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Terms Used In Washington Code 60.13.035

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Preparer: means a person engaged in the business of feeding livestock or preparing livestock products for market. See Washington Code 60.13.010
Failure to furnish the written notice as provided in this section shall not affect the status of the lien established under this chapter in regard to the relationship with other creditors.