Section 1311.57 | Priority and duration of lien.
(A) An agricultural producer or handler who perfects a lien within sixty days after the date of delivery, or first delivery if there was a series of deliveries under the contract, of the agricultural product has priority over all liens, claims, or encumbrances except wage and salary claims of workers who have no ownership interest in the business of the agricultural product handler, warehouse's liens as provided in section 1307.209 of the Revised Code, and amounts owed by the lienholder to the handler that are subject to setoff, and except that secured creditors who have security interests under Chapter 1309. of the Revised Code have priority over liens perfected by agricultural handlers pursuant to section 1311.56 of the Revised Code. If several liens are obtained by several persons on the same agricultural product, the person who perfects such a lien first has priority over all other agricultural product lienholders.
A producer or handler who does not perfect such a lien within the time period defined in this division has the status of an unsecured general creditor.
(B) The agricultural product lien remains in effect for two years after an affidavit is recorded in the office of the county recorder under section 1311.56 of the Revised Code, and within that time, until one of the following occurs:
(1) The lienholder or the lienholder's secured creditor receives full payment from the agricultural product handler;
(2) At the option of the lienholder or the lienholder's secured creditor, less than full payment is received pursuant to a written agreement with the handler;
(3) A final judgment is entered by a court having jurisdiction in an action adjudicating the status of the agricultural product lien.
(C) Notwithstanding division (B) of this section, an agricultural product lien shall remain in effect throughout any insolvency proceedings involving the agricultural product handler named in the affidavit.
(D) After the amount of the lienholder's lien has been satisfied, a lienholder shall cause the lien to be released within thirty days.
Available Versions of this Section
- June 29, 2011 – House Bill 9, 129th General Assembly [ View June 29, 2011 Version ]