Revised Code of Washington - RCW Title 46 Motor Vehicles - Section 46.87.340 Assessments -- Lien for nonpayment

§ 46.87.340. Assessments -- Lien for nonpayment

If an owner of proportionally registered vehicles liable for the remittance of fees and taxes imposed by this chapter fails to pay the fees and taxes, the amount thereof, including any interest, penalty, or addition to the fees and taxes together with any additional costs that may accrue, constitutes a lien in favor of the state upon all franchises, property, and rights to property, whether the property is employed by the person for personal or business use or is in the hands of a trustee, receiver, or assignee for the benefit of creditors, from the date the fees and taxes were due and payable until the amount of the lien is paid or the property is sold to pay the lien. The lien has priority over any lien or encumbrance whatsoever, except the lien of other state taxes having priority by law, and except that the lien is not valid as against any bona fide mortgagee, pledgee, judgment creditor, or purchaser whose rights have attached before the time the department has filed and recorded notice of the lien as provided in this chapter.

In order to avail itself of the lien created by this section, the department shall file with any county auditor a statement of claim and lien specifying the amount of delinquent fees and taxes, penalties, and interest claimed by the department. From the time of filing for record, the amount required to be paid constitutes a lien upon all franchises, property, and rights to property, whether real or personal, then belonging to or thereafter acquired by the person in the county. Any lien as provided in this section may also be filed in the office of the secretary of state. Filing in the office of the secretary of state is of no effect, however, until the lien or a copy of it has been filed with the county auditor in the county where the property is located. When a lien is filed in compliance with this section and with the secretary of state, the filing has the same effect as if the lien had been duly filed for record in the office of each county auditor of this state.

[1993 c 307 § 16; 1987 c 244 § 47.]

Notes:
     Effective dates -- 1987 c 244: See note following RCW 46.12.020.

Sections:  Previous  46.87.294  46.87.296  46.87.300  46.87.310  46.87.320  46.87.330  46.87.335  46.87.340  46.87.350  46.87.360  46.87.370  46.87.380  46.87.390  46.87.400  46.87.410  Next

Last modified: April 7, 2009