- Can I file a lien against myself?
- What is a transmitting utility?
- What role does the Secretary of State play in the filing of liens?
- What is a debtor?
- What is a secured party?
- What is a lien?
- What other kinds of liens are there?
- An Idaho state tax lien appeared on my credit report. What do I do?
- Where do I submit a filing?
- Can I file online?
- What do the letters at the beginning of a filing number mean?
- Where can I find the forms for the various lien filings?
- What payment options are available?
- What are your fees?
- What is your contact information?
- Where can I find more specific information governing lien filings?
- What is a UIN (Unique Identifier Number)?
- How is the UIN generated?
Per Idaho Code 28-9-516A a debtor and a secured party may not appear to be the same individual.
Per Idaho Code 28-9-102 a transmitting utility is a person primarily engaged in the business of operating a railroad, subway, street railway, or trolley bus, or transmitting communications electrically, electromagnetically, or by light or transmitting goods by pipeline or sewer, or transmitting or producing and transmitting electricity, steam, gas or water.
Per Idaho Code 28-9-516A, we may require reasonable proof that an individual debtor is in fact a “transmitting utility” as defined in section 28-9-102, Idaho Code, if a filing indicates that the debtor is a transmitting utility.
The Secretary of State’s UCC (Uniform Commercial Code) Division is the agency which receives and files liens and UCC Financing Statements, thereby making the liens public record, as well as providing a date and time of the filing. The UCC division also maintains a searchable database of lien filings for future reference, as necessary.
A debtor is a person who owes a creditor; someone who has the obligation of paying a debt.
A secured party is a person or organization that is lending money.
The definition of a lien is:
An interest or encumbrance held by a creditor against a debtor’s real or personal property for the satisfaction of a debt.
The lien most people are familiar with is known as a mechanics lien. Definition:
The legal enforceable claim which a person who has performed work or provided materials is permitted to make against title to the property or as a preferential person in the event the estate or business is liquidated.
This type of lien is filed in the county clerk’s office for the county in which the property resides.
The various liens that are filed with the Secretary of State’s office are:
- Financing Statement, using form UCC1 or by using the online filing application – This financing statement is used as an agreement between a lender (secured party) and a borrower (debtor), with the borrower using collateral for a loan.
Amendments (changes) to this type of lien may be filed using form UCC3.
- Commodity lien, using form C1 – An individual may file this against a company to require payment for materials provided. Generally used by animal feed suppliers.
- Farm Products Financing Statement, using form UCC1F – A farmer (debtor) may use a future crop or sale of livestock as collateral with a creditor (secured party) to receive a loan for operating expenses.
Amendments (changes) may be filed using form UCC3F.
- IRS lien, using form 668 – The IRS files this lien against businesses or agriculture for unpaid taxes – may also be filed against the business owner.
- Labor lien, using form SL1 – A lien filed against a farmer by an individual or business that provides services to the farmer such as harvesting, planting or picking – only applies to planted crops.
- Medical lien, using form N1 – When medical services are provided to a person who has little or no ability to pay, the county of residence will pay the medical service provider. The county will then file this lien to require future repayment by the individual who received the medical services.
Amendments (changes) to this type of lien may be filed using form N3.
- Seed lien, using form SL1 – This lien is used between a farmer and a seed provider. A provider supplies a farmer with seed to plant a crop and that future crop is used as collateral for the seed. The seed provider must be repaid upon harvest, before any other payment is made, or profit is realized.
Amendments (changes) to this type of lien may be filed using form S3.
- Utility lien, using form UCC1 – This lien is used as an agreement between a utility provider (gas, electric, cable, etc…) and a lender (secured party) to ensure repayment of a loan. This type of lien never expires.
The three credit reporting agencies, Equifax, Experian, and TransUnion, display liens from three different Idaho agencies under the heading “state tax lien”. The three agencies are:
Idaho Department of Labor – This agency generally files liens to recover over-payment of unemployment benefits, or to recover unemployment insurance taxes not paid. They can be contacted at: 208-334-6387 or 800-448-2977.
Idaho Department of Health and Welfare – This agency generally files liens to recover unpaid child support, to recover Medicaid, or for estate recovery of permanently institutionalized people. Contacts:
Child Support: 208-334-2479 or 800-356-9868
Estate Recovery: 208-332-7961
Tefra liens: 888-378-2836
Idaho State Tax Commission – This agency generally files liens to recover unpaid state income tax. They can be reached at: 208-334-7716
If the lien has been satisfied (paid in full), and released, one may contact the UCC Division and request a copy of the release filing.
Most records stay on a credit report for seven years, while some remain for ten years. The MyFairCredit website may provide some helpful tips to assist in correcting a credit report.
Attn: UCC Division
PO Box 83720
Boise ID 83720-0080
Or stop by our office at:
450 N 4th Street
Boise ID 83702
UCC1 financing statements and UCC3 financing statement amendments may also be filed online.
- B – UCC Financing Statement (UCC-1) or amendment
- F – Farm Products Financing Statement (UCC-1F) or amendment
- T – Idaho State Lien filed by one of three Idaho agencies
- N – Medical Indigency Lien filed by county agencies
- I – IRS Lien
- S – Seed Lien
- L – Farm Labor Lien
- C – Agricultural Commodity Lien
Attn: UCC Division
PO Box 83720
Boise, ID 83720-0080
- Uniform Commercial Code – Article 9 – Administrative rules governing lien filings under the UCC IDAPA 34.05.06.
- Title 45, Chapter 18, Idaho Code Agricultural Commodity Dealer Lien Act – Farm products central filing system, lien in crops for seed and farm labor, and requests for information.
- Idaho Statute – Title 28, Chapter 9
- Idaho Statute – Title 45, Chapter 3
- Idaho Statute – Title 45, Chapter 18
- Idaho Legislature