Montana Code Annotated 2017



Part 8. Threshers' Liens

How Lien Obtained

71-3-802. How lien obtained. (1) A person entitled to a lien under 71-3-801 shall file with the office of the secretary of state a statement of agricultural lien, as provided in 71-3-125, within 30 days after the last service was rendered or labor performed in the threshing of grain or other crops or the cutting and harvesting and threshing by the combined harvester and thresher.

(2) If the grain or other crops cut, harvested, and threshed are being hauled from the machine or combine directly to the elevator or to any other purchaser, the thresher, swather, or owner of the combine desiring to claim a lien shall also serve written notices upon the elevator operator or other private purchaser that the person will claim and file a lien upon the grain or other crops for the person's services or labor performed in threshing or combining and threshing the grain or crops. A copy of the statement of agricultural lien mailed by certified mail is sufficient notice to the elevator operator or other private purchaser.

History: En. Sec. 2, Ch. 25, L. 1915; amd. Sec. 1, Ch. 162, L. 1917; amd. Sec. 1, Ch. 71, L. 1921; re-en. Sec. 8367, R.C.M. 1921; amd. Sec. 2, Ch. 20, L. 1929; amd. Sec. 2, Ch. 112, L. 1931; re-en. Sec. 8367, R.C.M. 1935; amd. Sec. 2, Ch. 308, L. 1973; R.C.M. 1947, 45-802; amd. Sec. 9, Ch. 295, L. 1987; amd. Sec. 6, Ch. 529, L. 1989; amd. Sec. 1, Ch. 427, L. 1991; amd. Sec. 2292, Ch. 56, L. 2009.