Anybody ever file a crop lien

SVcummins · Jan 5, 2020

Have you ever dimes a crop Lien on someone?s crops who owes you a bill and won?t pay ?

Moonlite37 · Jan 6, 2020

No, but did on the proceeds of a public sale. The auctioneer was terribly upset, but I got my money!

spacechem · Jan 6, 2020

It seems you do quite a bit of custom work, so I think it would be wise for you- sooner rather than later- to consult an attorney to know exactly what your rights are in this kind of dispute. For most farmers, these things happen rarely enough to chalk it up to experience and move on, but your situation is a little different. Also, you are in a different state than most YT users, and these things vary from state to state.

centash · Jan 6, 2020

A customer operator would be pretty far down on any list of creditors, so filing a lien may just be an exercise in frustration. If there are no other secured creditors against the crop, you should have some legal influence to get paid by means of a lien.

Ben

Geo-TH,In · Jan 6, 2020

I know a man who worked on a car. They didn't want to pay the bill. He filed a lien and ended up with the car.

A man built a restaurant. The contractor filed bankruptcy and didn't pay the lumber yard where he got the materials. The man had the restaurant built paid twice. They put a lien against his restaurant.

Never heard of a lien on a crop.

Make sure you get the address right when filing a lien. Another man had a lien filed against him. The man filing the lien got the address wrong. Two years later the man who filed the lien discovered his mistake. Couldn't file again, time ran out, statue of limitation.

Talk to a lawyer.
geo

tim s · Jan 6, 2020

Around this part of Ohio most crop input creditors file one if the borrower has a shaky credit history,, you may need to get in line...and if the guy is real shaky,, he will sell the crop in a false name and account and get around the lien,,yes this is illegal,, but it happens..

sleepy1 · Jan 6, 2020

Years ago we had a local farmer that ran up a good bill with several creditors,one filed a lien on the crops.The farmer went out and told the creditor go harvest it yourself in the mean time the farmer destroyed the crop several nights with several four wheelers and a side by side and tried to blame it on vandals and hunters.

showcrop · Jan 6, 2020

Never a crop lien but I did file a couple of times. There has to be some money there in order to get some. You may have secured creditors ahead of you. If he is still in business he is paying various people.

72supr · Jan 6, 2020

[If he owns any land file on it.That will get his attention.

2late4me · Jan 6, 2020

Not sure on custom crop work, but a custom feeder has priority over the bank or feed supplier. I didn't want to know that but was happy to learn that lesson.

coshoo · Jan 6, 2020

Lien are a creature of statute, and each state is different. If you're in Washington, go to RCW Chapter 60- anywhere else, and you're on your own. If you're seriously considering it, get a lawyer, because I can just about gar-on-tee that you'll get it wrong if you try to do it yourself. And it doesn't have to be wrong by much to get it thrown out.

I once got a $100,000 garnishment set aside because of a very minor mis-step by the creditor's attorney- I think he was a day late sending out the required notices, or some such. I used the magic phrase "garnishment procedures, being in derogation of the common law, are to be strictly construed." Creditor's attorney was a well known collection attorney, and I was a green kid fresh out of law school. The judge looked at him and said "Well, Leon, I think the lad's got you on this one."

pinball · Jan 6, 2020

wouldn't you be better to file in small claims court instead of a lien. just asking cause I really dot know.

Tony in SD · Jan 6, 2020

David from Kansas · Jan 6, 2020

Many, many years ago I had two young sons doing custom swathing and baling. Neighbor was filing for bankruptcy and he owed the boys for several crops of swathing and baling. They filed for a lien on the hay and I don't remember all the details but I do know that the neighbor paid the bill but his statement was "why did you file a lien?". Duh!

David G · Jan 6, 2020

You want to be as far in front of whatever line is there, file.

504 · Jan 6, 2020

Around here you just need a combine,no jury would convict you

dhermesc · Jan 6, 2020

As far as I know you can only file a crop lien if you provided part of the inputs on the crop. If you custom planted or worked ground you can file a crop lien. If you sold him hay for his cattle you can't file on his corn crop.

SVcummins · Jan 6, 2020

Believe me it?s tempting and I?ve thought of it .

SVcummins · Jan 6, 2020

Small claims pretty much does nothing other than confirms the guy owes a bill . I don?t know either but that?s what I?ve been told that it?s pretty much a waste of money and time

SVcummins · Jan 6, 2020

I guess I may have to crank up the 7700 and go cut some grain . You know I wouldn?t care if the guy didn?t have the money but he?s on vacation in Hawaii four or five times a year owns two air planes and his own hanger to keep them in. I have gotten behind on bills before flat didn?t have the money . Just barely getting caught up from 2 years ago when the dairy went under but I?ve made it right.

Straw Boss · Jan 6, 2020

Google the U.S.Custom Harvesters Inc. for a contact there who can help guide you through the process. I haven't been involved with them for a long time now but they used to help with legal stuff, permits, state laws, hiring, etc.

Frank 41 · Jan 6, 2020

File an UCC at least to get your name in the pot.

SVcummins · Jan 7, 2020

You have

Anybody ever file a crop lien

Well-known Member

Well-known Member

Member

Well-known Member

Well-known Member

Well-known Member

Member

Well-known Member

Member

Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Well-known Member

Member

Well-known Member

Similar threads