ARTICLE 9. Producer’s Lien [55631. - 55653.]
Article 9 enacted by Stats. 1967, Ch. 15.
§§ 55631–55653 · 25 sections
- § 55631 (a) Every producer of any farm product that sells any product that is grown by him or her to any processor under contract, express or implied, in addition to…
- § 55631.5 Notwithstanding Section 55461, a nonprofit cooperative association acting as a producer bargaining association may assert producer’s lien rights for, or on…
- § 55632 This producer’s lien attaches on all of such delivered product from the date of delivery of such farm product or any portion of it by a producer to any…
- § 55633 The producer’s lien is a preferred lien prior in dignity to all other liens, claims, or encumbrances except the following: (a) Labor claims for wages and…
- § 55634 Every lien which is provided for in this article is on every farm product and any processed form of the farm product which is in the possession of the…
- § 55635 The lien of a producer, unless sooner released by payment or by security which is given for the payment as provided in this article, attaches from the date of…
- § 55636 If suit is commenced by any such producer to enforce any lien, such lien shall remain in effect until one of the following occurs: (a) The payment of the…
- § 55637 Any lien on any product or processed product may, however, be released, to the extent the value of the claim upon such product is secured, by a surety bond or…
- § 55638 It is unlawful for any processor to remove, from this state or beyond his ownership or control, any farm product which is delivered to him, or any processed…
- § 55638.5 The director, within 15 days of the filing of a verified complaint by a producer, shall investigate any charge that a purchaser of a farm product to which a…
- § 55639 Any processor that desires to secure a release of any or all of such liens on any product or processed product may do so in any of the following ways: (a) By…
- § 55640 If all lawful claims of the producers have been paid in accordance with this article by any processor, any product which is released by such action may be…
- § 55641 If a bond, cash deposit, or security is given to the director by any processor as provided in this article, such processor may sell, transport, or otherwise…
- § 55642 The director may accept such bond, if approved by him, and such other security. If the claims or any of them are not paid in accordance with the condition of…
- § 55643 If a bond has been given as security, the director shall notify the principal and surety of any default on the part of the principal under the bond, and make…
- § 55644 If the director has received warehouse receipts for any processed product as security, and the processor giving them has failed to pay the claims in accordance…
- § 55645 All claims in relation to payment shall have equal standing and payment shall be prorated if necessary among the claimants.
- § 55646 This article does not prevent the director if in his opinion the rights of all of the claimants are fully protected, as provided for in this article, from…
- § 55647 This article does not impair or affect the right of any claimant that possesses a lien to maintain a personal action to recover such debt against a processor,…
- § 55648 The judgment, if any, which is obtained by the plaintiff in such personal action, or personal judgment which is obtained in such lien action, does not impair…
- § 55649 In an action that is filed by any such lien claimant, the defendant processor may file with the court in which the action is pending a surety bond in an amount…
- § 55650 Such processor may also, on motion duly noticed, introduce evidence to the court before whom any such action is pending to the effect that he has sufficient…
- § 55651 The plaintiff in an action which is brought to foreclose any of the liens which are provided for in this article may, in a proper case, and upon proper…
- § 55652 If in a court proceeding to foreclose such lien, it is found and determined by the court that there is no cash, bond, or other deposit placed with the director…
- § 55653 All actions filed by the director or producers against any processor for the foreclosure of the liens or other security which are provided for in this article…