Chapter 60.34 RCW

LIEN OF RESTAURANT, HOTEL, TAVERN, ETC., EMPLOYEES

Sections

60.34.010Liens authorized.
60.34.020Notice of lienContentsFiling and serving.
60.34.030Manner of serving notice.
60.34.040Manner of enforcing liensCosts.
60.34.050Priority of lien.


Liens authorized.

Every person performing labor in the operation of any restaurant, hotel, tavern, or other place of business engaged in the selling of prepared foods or drinks, or any hotel service employee, shall have a lien on the earnings and on all the property of his or her employer used in the operation of said business to the extent of the moneys due him or her for labor performed within three months next preceding the filing of his or her claim therefor.



Notice of lienContentsFiling and serving.

The lien claimant shall within thirty days after he or she has ceased to perform such labor, file for record with the auditor of the county in which the labor was performed a notice of claim, containing a statement of his or her demand, the name of the employer and the name of the person employing him or her, if known, with a statement of the terms and conditions of his or her contract, if any, and the time he or she commenced the employment, and the date of his or her last service, and shall serve or mail a copy thereof to said employer within said period.



Manner of serving notice.

Service of the notice of claim may be made in the same manner as summons in civil actions.

NOTES:

Service of summons in civil actions: RCW 4.28.080.



Manner of enforcing liensCosts.

The lien may be enforced within the same time and in the same manner as mechanics' liens are foreclosed, when said lien is upon real property, or in the same manner as provided in chapter 60.10 RCW when the lien is upon personal property. The court may allow as part of the costs of the action the money paid for filing or recording the claim and a reasonable attorney fee.



Priority of lien.

The lien created herein shall be preferred to any encumbrance which may attach after the commencement of the labor and is also preferred to any encumbrance which may have attached previously to that time, but which was not filed or recorded so as to create constructive notice thereof prior to that time, and of which the lien claimant had no notice.