IDAHO SECRETARY OF STATE
Commercial and State Liens

Ben Ysursa, Secretary of State

1. Can I file a lien against myself?
2. What is a transmitting utility?
3. What role does the Secretary of State play in the filing of liens?
4. What is a debtor?
5. What is a secured party?
6. What is a lien?
7. What other kinds of liens are there?
8. An Idaho state tax lien appeared on my credit report. What do I do?
9. Where do I submit a filing?
10. Can I file online?
11. What do the letters at the beginning of a filing number mean?
12. Where can I find forms for the various filings?
13. What payment options are available?
14. What are your fees?
15. What is your contact information?
16. Where can I find more specific information governing lien filings?
17. What is a UIN (Unique Identifier Number)?
18. How is the UIN generated?

1. Can I file a lien against myself?

Per Idaho Code 28-9-516A a debtor and a secured party may not appear to be the same individual.

2. What is a transmitting utility?

Per Idaho Code 28-9-102a 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.

3. What role does the Secretary of State play in the filing of liens?

The Secretary of State’s UCC (Uniform Commercial Code) Divisionis 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.

4. What is a debtor?

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.

6. What is a lien?

The word “lien” is generally viewed negatively; however, there are many types of liens, some of which can be very beneficial.

The basic 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.

7. What other kinds of liens are there?

The various liens that are filed with the Secretary of State’s office are:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

8. An Idaho state tax lien appeared on my credit report. What do I do?

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
Medicaid: 208-375-1132
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 one is uncertain as to the status of the lien in question, our UCC Status Search may be used, or one may contact the UCC Division by calling 208-334-3191.

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. This website may provide some helpful tips to assist in correcting a credit report.

9. Where do I submit a filing?

Idaho Secretary of State’s Office
Attn: UCC Division
PO Box 83720
Boise ID 83720-0080

Or stop by our office at:
450 N 4th Street
Boise ID 83702

UCC1 (Basic) lien filings and amendments may also be filed online. – HERE.

Also, filings may be faxed if you have a pre-paid account with the Secretary of State’s office, or if you are using a credit card. You must include your account number on the form or on the cover letter. You may also use a credit card to pay for filings, using our credit card transmittal form.

Fax number: 208-334-2847

10. Can I file online?

At this time only UCC1 financing statements and UCC3 financing statement amendments maybe be filed on line, at this link. You may not include attachments with online filings. If you need your filing to include an attachment you will have to file by mailing the form and other documents along with payment directly to our office.

11. What do the letters at the beginning of a filing number mean?

• 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

12. Where can I find the forms for the various lien filings?

All UCC forms can be found at this link.

13. What payment options are available?

Payment options include, cash, check, money order, credit card and pre-paid account. Click here for more information on payment options.

14. What are your fees?

15. What is your contact information?

Idaho Secretary of State's Office
Attn: UCC Division
PO Box 83720
Boise, ID 83720-0080

Phone: (208)334-3191
Fax: (208)334-2847

16. Where can I find more specific information governing lien filings?

• Uniform Commerical 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

17. What is a UIN (Unique Identifier Number)?

The Secretary of State has chosen to implement a “unique identifier number” (UIN) system to protect debtor information, while remaining simple to implement and easy to use. This system will allow us to discontinue using SSN’s (social security numbers) and TIN’s (tax identification numbers) to identify debtors listed on UCC1F Effective Financing Statements.

18. How is the UIN generated?

Specific information about how the UIN is generated can be found HERE.