SECTIONS 57585-57587 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 57585-57587

57585. The lien claimant shall provide written notice to secured
creditors at least 30 days prior to enforcing a claim of lien. For
purposes of this section, "secured creditors" means any entity named
as a secured party in a financing statement filed with regard to the
debtor and which covers crops subject to the lien, crops growing or
grown on the land, or the next production crops to be grown on the
land if the crops are not planted, where the agricultural chemical or
agricultural seed was provided or applied, farm products, or
accounts.

57586. The lien claimant shall foreclose on a lien created by this
chapter only in an action to recover the reasonable or agreed
charges. The final judgment shall be enforced pursuant to Title 9
(commencing with Section 680.010) of the Code of Civil Procedure.

57587. (a) When a lien claimant receives payment for the total
amounts secured by the lien and the lien claimant has not furnished
agricultural chemicals or seeds for a period of 45 consecutive days,
the lien claimant shall send the lien debtor a statement that he or
she no longer claims a security interest under the notice of claim of
lien, 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, he or she is liable
to the debtor for all 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.