SECTIONS 57535-57537 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 57535-57537

57535. The lien claimant shall provide written notice to secured
creditors at least 30 days prior to enforcing a claim of lien. For
the purposes of this section, "secured creditors" means those
creditors having a perfected security interest in poultry, eggs,
poultry products, fish, fish products, or the proceeds thereof, as of
the date the notice of claim of lien is filed with the Secretary of
State.

57536. The lien claimant shall foreclose on a lien created by this
chapter only in an action to recover the reasonable or agreed charges
for feed and materials provided. The final judgment shall be
enforced pursuant to Title 9 (commencing with Section 680.010) of the
Code of Civil Procedure.

57537. (a) When a lien claimant receives payment for the total
amounts secured by the lien and the lien claimant has not provided
feed for materials for a period of 30 consecutive days, the lien
claimant shall, on written demand by the debtor, send the debtor a
statement that he or she no longer claims a security interest under
the statement, which shall be identified by the date, names of
parties thereto, and file number. If the affected lienholder of
record fails to send the termination statement within 10 days after
proper demand therefor, he or she is liable to the debtor for actual
damages suffered by the debtor by reason of this failure, and, if the
failure is in bad faith, for a penalty of one hundred dollars
($100).
(b) The filing officer shall mark each termination statement with
the date and time of filing and shall index the statement under the
name of the lien debtor and under the file number of the original
lien. If the filing officer has a microfilm or other photographic
record of the lien and related filings, he or she may remove and
destroy the originals from the files at any time after receipt of the
termination statement. If the filing officer does not have the
record, he or she may remove and destroy the originals from the files
at any time after one year after receipt of the termination
statement.