Montana § 71-3-1202 - Priority
Full text of Montana Montana Code Annotated § 71-3-1202 — Priority, with citation guidance and answers to common questions.
§ 71-3-1202. Priority
Priority. (1) Subject to subsection (4), the lien created may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the property involved unless, within 30 days from the time of receiving the property, the person desiring to assert a lien upon the property gives notice in writing to the secured party or other lienholder, stating the intention to assert a lien on the property, under the terms of this part, and stating the nature and approximate amount of the work performed or feed or other services furnished or intended to be performed or furnished. (2) Service may be made either by personal service or by mailing by registered or certified mail a copy of the notice to the secured party or other lienholder at the last-known post-office address. Service must be considered complete upon the deposit of the notice in the post office. (3) Within 20 days after the date of mailing or 10 days after personal service, the secured party or other lienholder or the secured party's or other lienholder's representative has the right to take possession of the property upon payment of the amount of the lien. A failure on the part of the secured party or other lienholder to take possession of the property constitutes a waiver of the priority of the security interest or other lien over the lien created by this part. (4) With regard to a reproductive technology business, the lien created may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the embryos or semen involved unless, within 30 days from the time of harvesting or collecting the embryos or semen, the person desiring to assert a lien upon the embryos or semen gives notice in writing to the secured party or other lienholder stating the intention to assert a lien on the embryos or semen under the terms of this part and stating the nature and approximate amount of the work performed or other services furnished or intended to be performed or furnished.
Frequently Asked Questions About Montana § 71-3-1202
What does Montana Code Annotated § 71-3-1202 cover?
Section 71-3-1202 ("Priority") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 71-3-1202?
A common citation format is "Montana Code Annotated § 71-3-1202" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 71-3-1202 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.