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 lien?
10. Can liens be filed online?
11. Where can I find the forms for the various lien filings?
12. What payment options are available?
13. What information is required for a UCC1 filing?
14. What will cause my UCC1 filing to be rejected?
15. What information is required for a UCC1F filing?
16. What will cause my UCC1F filing to be rejected?
17. What information is required for a UCC3 filing?
18. What will cause my UCC3 filing to be rejected?
19. What information is required for a UCC3F filing?
20. What will cause my UCC3F filing to be rejected?
21. What information is required for a SL-1 filing?
22. What will cause my SL-1 filing to be rejected?
23. What information is required for a C-1 filing?
24. What will cause my C-1 filing to be rejected?
25. What information is required for a UCC4 search?
26. What will cause my UCC4 search request to be rejected?
27. What information is required for a UCC-11 information request?
28. What will cause my UCC-11 information request to be rejected?
29. What other types of searches are available?
30. Where can I find more specific rules governing lien filings?

1. Can I file a lien against myself?

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

2. What is a transmitting utility?

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, reasonable proof from the secured party 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, is required.

“Transmitting utility” is further defined in the federal Energy Policy Act of 2005.

The Secretary of State’s UCC (Uniform Commercial Code) Division is the agency which receives and files liens, thereby making the liens public record, as well as providing a date and time of the filing.  The UCC division also maintains a database of lien filings for future documentation, 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 owed money and has an agreement with the debtor that they can claim personal property if the money is not paid – they have a security interest in the personal property.

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. Basic lien, using form UCC1 or by using the online filing application – This lien is used as an agreement between a lender (secured party) and a borrower (debtor), with the borrower putting up collateral for a loan.  The lender can claim the collateral if the borrower defaults.  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. Example–A farmer agrees to provide hay for a livestock company and the farmer files this lien to ensure that he will be paid for his hay before the livestock can be sold.
3. Farm lien, 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) to this type of lien 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 company.  A seed company provides a farmer with seed to plant a crop and that future crop is used as collateral for the seed.  The seed company 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 lien?

Idaho Secretary of State’s Office
Attn: UCC Division
450 N 4th Street
Boise, ID 83720-0080

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

Also, if you have a pre-paid account with our office, filings can be faxed.  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 liens be filed online?

At this time only UCC1 financing statements and UCC3 financing statement amendments maybe be filed on line, at this link.

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

All UCC forms can be found at this link.

12. 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.

13. What information is required for a UCC1 filing?

For a filing against an individual personas the debtor, the required information is:

• Last name, first name
• Mailing address, city, state, zip code and country.

The required secured party information is:

• Company name OR individual’s Last name, first name
• Mailing address, city, state and zip code

 For a filing against a business as the debtor, the required information is:

• Company name
• Mailing address, city, state, and zip code
• Type of organization, jurisdiction, and organizational ID#

All Idaho businesses have an organizational ID number, and they start with a letter, such as “C” for corporation.  An organizational ID number may be found using the Secretary of State’s Business Entity Search. 

14. What will cause my UCC1 filing to be rejected?

The most common reasons for rejected filings are:

• Failure to provide required information as listed above.
• Failure to provide an organizational ID number.
• Failure to include an appropriate filing fee.
• The organization type is a sole proprietor.
• The organization type is a trade name.
• The organization type is an Assumed Business Name (ABN).
• The organization type is a fictitious name.
• The organization type is a DBA (doing business as).

If a filing is rejected, a letter will accompany the rejected form to act as a guide in making the necessary corrections.

15. What information is required for a UCC1F filing?

For a filing against an individual personas the debtor, the required information is:

• Last name, first name
• Mailing address, city, state, zip code
• Social Security Number
• A signature is required unless there is already a signed agreement in place between the debtor and secured party.

The required secured party information is:

• Company name OR individual’s Last name, first name
• Mailing address, city, state and zip code
• Signature

For a filing against a business as the debtor, the required information is:

• Company name
• Mailing address, city, state, and zip code
• TIN Number or Social Security Number of the business owner

Also required for a UCC1F filing is a listing of collateral, including:

• Product code – found here – scroll down to 2nd page
• County code – found here – scroll down to 2nd page

16. What will cause my UCC1F filing to be rejected?

The most common reasons for rejected filings are:

• Failure to provide required information as listed above.
• Failure to provide a TIN or Social Security Number for each debtor.
• Failure to include an appropriate filing fee.
• Failure to include the signature of the secured party unless there is already a signed agreement in place between the debtor and secured party.
• Failure to include collateral Product Code and County Code.

If a filing is rejected, a letter will accompany the rejected form to act as a guide in making the necessary corrections.

17. What information is required for a UCC3 filing?

• Form UCC3 is used to amend (make changes to) a UCC1 filing.  The required information is:
• An acknowledgment name and address. (Recommended for return copy of the filing.)
• The file number of the original financing statement.  (This is the number assigned by the UCC division to the original UCC1 filing.)
• Current record information (box 6) of the debtor on the initial financing statement.  (Recommended)
• Name of the secured party on the initial financing statement. (box 9)
• One or more of the following boxes checked:

Box 2 – Termination – This is a termination of the effectiveness of the financing statement by the secured party. However, it is important to note that for a UCC1 filing a termination is only an amendment and that the UCC1 filing may be amended further, even after a termination has been filed.
Box 3 – Continuation – A UCC1 filing is good for five years.  Within the last 6 months that the filing is active, it may be continued for another five years.  However, the continuation amendment MUST be filed within the 6 month window before the lien lapses.
Box 4 – Assignment – This is an assignment of interest to another secured party.  Sometimes this is used to assign certain portions of collateral to specific secured parties.  Box 7 must be used in conjunction with this.
Box 5 – Amendment (Party Information) – Select only one of the two boxes to indicate which is affected, the debtor or the secured party.  Next, indicate what is to be done – name or address change, delete name, or add name.  Boxes 6 and/or 7 should be used in this circumstance.
Box 8 – Amendment (Collateral Change) – Indicate how the collateral is to be changed – deleted, added, restated or assigned.  Descriptive information regarding the collateral should be included.

18. What will cause my UCC3 filing to be rejected?

The most common reasons for rejected filings are:

• Failure to provide required information as listed above.
• Failure to provide an accurate initial UCC1 file number.
• Failure to provide an organizational ID number.
• Failure to include an appropriate filing fee.
• The organization type is a sole proprietor.
• The organization type is a trade name.
• The organization type is an Assumed Business Name (ABN).
• The organization type is a fictitious name.
• The organization type is a DBA (doing business as).

If a filing is rejected, a letter will accompany the rejected form to act as a guide in making the necessary corrections.

19. What information is required for a UCC3F filing?

• The file number of the original farm products financing statement.  (This is the number assigned by the UCC division to the original UCC1F filing.)
• The date that the original farm products financing statement was filed.
• One of the following four boxes checked:

Continuation – A UCC1F filing is good for five years.  Within the last 6 months that the filing is active, it may be continued for another five years.  However, the continuation amendment MUST be filed within the 6 month window before the lien lapses.
Termination – This is termination of the effectiveness of the financing statement by the secured party.  Secured party signature required.
Assignment – This is an assignment of interest to another secured party.  Sometimes this is used to assign certain portions of collateral to specific secured parties.
Amendment – This indicates changes to debtor information, additional collateral information, changes to secured party information, or assignee name and address.  The specifics of the changes can be shown using the boxes near the end of the form.

• Signature of the secured party’s representative if the filing is a termination.

20. What will cause my UCC3F filing to be rejected?

The most common reasons for rejected filings are:

• Failure to provide required information as listed above.
• Failure to provide an accurate initial UCC1F file number.
• Failure to include an appropriate filing fee.
• Failure to include a secured party’s signature, if the filing is a termination.

If a filing is rejected, a letter will accompany the rejected form to act as a guide in making the necessary corrections.

21. What information is required for a SL-1 filing?

• A mark in either the “Seed” or “Farm Labor” box to indicate what type of lien is being filed.
• The name and address of each debtor must be provided.
• The name and address of each claimant must be provided.
• The dollar amount of the claim.
• The crop code, crop name and county code where the crop is to be grown.
• There must be a signature for every claimant listed.

22. What will cause my SL-1 filing to be rejected?

• Failure to indicate which type of lien is being filed.
• Failure to include a full name and address for each debtor.
• Failure to include a full name and address for each claimant.
• Failure to include the dollar amount of the claim.
• Failure to indicate the crop code and county code.
• Failure to provide a signature for each claimant.
•  Failure to include an appropriate filing fee.

23. What information is required for a C-1 filing?

• The full name and address of one individual purchaser.  This may be an organization or a person.
• The dollar amount of the lien.
• The delivery date of the product.
• The date that the last payment was due.
• The full name and address of one individual claimant.  This may be an organization or a person.
• The crop code and crop year for the commodity on which the lien is claimed – only one crop per lien filing.
• The signature of the claimant.
• The printed name of the claimant.

24.What will cause my C-1 filing to be rejected?

• Failure to provide the full name and address of the purchaser.
• Failure to provide the dollar amount of the lien.
• Failure to provide the delivery date of the product.
• Failure to provide the date that the last payment was due.
• Failure to provide the full name and address of the claimant.
• Failure to provide the crop code and crop year.
• Failure to provide the signature of the claimant.
• Failure to include the printed name of the claimant.
• Failure to include an appropriate filing fee.

25. What information is required for a UCC4 search?

• A single name of an organization or individual to be searched.  More information may be provided, such as a complete address, or just a city and state, for a more specific search.
• The name, address, contact person and phone number of the requesting party.
• Boxes checked for the types of liens to be searched.  No boxes checked is assumed to be ALL types of liens.
• Boxes 1, 2, 3, and 4 of the UCC4 search form, as appropriate.

26. What will cause my UCC4 search request to be rejected?

• Failure to include an appropriate filing fee.

• Name and mailing address of the requesting party.
• Organization name OR individual debtor’s name to be searched.
• Boxes in section 2 of the form as appropriate.

28. What will cause my UCC-11 information request to be rejected?

• Failure to include an appropriate filing fee.

The UCC division of the Secretary of State also provides a secured party search, for parties wishing to know what liens are held by a specific institution.  This search can be requested by calling 208-334-3191.  The fee for each secured party searched is $10.00 plus a per page fee for printing the search.

A basic lien search may be done online, free of charge.  This search provides the filing number of the lien, the company or individual listed as the debtor, and indicates the status of the lien (current, lapsed, ect.).

A premium search service is also available online, which will provide access to more specific information regarding the searched party, including the debtor(s), secured party(s), collateral, and any amendments that have been filed.  You may also view the actual filed document.  The premium search service requires a subscription to Access Idaho’s Premium Service.

30. Where can I find more specific rules 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 18
• Idaho Legislature