Montana § 71-3-401 Who May Have Lien -- Priority

Montana Statutes

§ 71-3-401 — Who May Have Lien -- Priority

Montana·Title 71 MORTGAGES, PLEDGES, AND LIENS·Ch. 3 LIENS·Part 4 Farm Laborers' Liens

71-3-401 . Who may have lien -- priority.

(1)A person who performs services for another in the capacity of a farm or ranch laborer has a lien on all crops of every kind grown, raised, or harvested by the person for whom the services were performed during that time as security for the payment of any wages due or owing to the person for services performed.

(2)The lien has priority over all other liens, chattel mortgages, or encumbrances except feed sufficient for 3 months for 1 horse, 2 cows and their calves, 4 hogs, and 50 domestic fowls and seed grain and threshers' liens. The wages for which a lien may be claimed may not be in excess of $1,000 or for a period of time exceeding 60 days preceding the date of filing the lien. If a person without cause quits the employment before the expira

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71-3-401 . Who may have lien -- priority. (1) A person who performs services for another in the capacity of a farm or ranch laborer has a lien on all crops of every kind grown, raised, or harvested by the person for whom the services were performed during that time as security for the payment of any wages due or owing to the person for services performed.
(2) The lien has priority over all other liens, chattel mortgages, or encumbrances except feed sufficient for 3 months for 1 horse, 2 cows and their calves, 4 hogs, and 50 domestic fowls and seed grain and threshers' liens. The wages for which a lien may be claimed may not be in excess of $1,000 or for a period of time exceeding 60 days preceding the date of filing the lien. If a person without cause quits the employment before the expiration of the time for which the person is employed, the person is not entitled to a lien as provided in this part.
(3) If several persons have or obtain liens under the provisions of this part against property of the same employer, they have no priority among themselves but all must be paid pro rata from the proceeds of any foreclosure sale according to the provisions of this part.

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Legislative History

En. Secs. 1, 4, Ch. 196, L. 1935; re-en. Secs. 8374.1, 8374.4, R.C.M. 1935; R.C.M. 1947, 45-901, 45-904; amd. Sec. 3, Ch. 11, L. 1979; amd. Sec. 2271, Ch. 56, L. 2009.