University of Vermont AAHS

Iowa Liens for Services to Horses

 

NOTE:  Iowa has a veterinarian's lien and a breeder's lien, but no lien for farriers.   Its agister's lien is broad enough to cover board charges for residential farrier services.
 

I.  Veterinarian's Lien

IOWA CODE
TITLE XIV. PROPERTY
SUBTITLE 3. LIENS
CHAPTER 581. VETERINARIAN'S LIEN

 

581.1. Nature of lien

Every veterinarian, licensed and registered in accordance with chapter 169, shall have a lien for the actual and reasonable value of any product used and for the actual and reasonable value of any professional service rendered by the veterinarian in connection with livestock, providing claim for said lien is filed as hereinafter provided.


581.2. Priority

Said lien shall have priority over all other liens and encumbrances upon said livestock if filed as hereinafter provided.


581.3. Statement--filing

Any veterinarian entitled to a lien under this chapter shall make an account in writing, duly verified, stating the kind and number and a particular description of livestock upon which such services were rendered, the amount and kind of product used and the actual and reasonable value of such services and products and the name of the person or persons for whom such services were rendered and file the same in the office of the clerk of the district court in the county in which the person or persons owning such livestock resides, within sixty days after the day on which said services were rendered. Said lien shall be effective from the date of filing.

581.4. Enforcement

The lienholder may enforce the lien by a suit in equity.
 

II.  Breeder's Lien

TITLE XIV. PROPERTY
SUBTITLE 3. LIENS
CHAPTER 580. LIEN FOR SERVICES OF ANIMALS

 

580.1. Nature of lien--forfeiture

Except as provided in chapter 579A, the owner or keeper of any stallion, bull or jack kept for public service, or any person, firm, or association which invokes pregnancy of animals for the public by means of artificial insemination shall have a prior lien on the progeny of such stallion, bull, artificial insemination or jack, to secure the amount due such owner, artificial inseminator or keeper for the service resulting in such progeny, but no such lien shall obtain where the owner or keeper misrepresents the animal by a false or spurious pedigree, or fails to substantially comply with the laws of Iowa relating to such animals.


580.2. Period of lien--sale or removal

The lien herein provided for shall attach at the birth of such progeny and shall remain in force on such progeny for one year and shall not be lost by reason of any sale, exchange, or removal from the county of the animals subject to such lien.


580.3. Sale or removal prohibited--penalty

It shall be unlawful to sell, exchange, or remove permanently from the county any animal subject to the lien herein provided for, without the written consent of the holder of such lien, and any person violating this provision, shall be guilty of a simple misdemeanor.


580.4. Affidavit of foreclosure

Liens may be enforced by the holder filing with the sheriff of the county, in which the progeny is kept, an affidavit which shall, in addition to a demand for foreclosure, contain:

1. A description of the stallion, bull or jack, when used and of the dam and its progeny.

2. The time and terms of said service.

3. A statement of the amount due for said service.


580.5. Possession and notice

The sheriff shall, under said affidavit, take immediate possession of said progeny, and give written notice of the sale thereof, which notice shall contain:

1. A copy of the said affidavit.

2. The date and hour when, and the particular place at which, said property will be sold.


580.6. Service of notice

Said notice shall be served as follows:

1. By posting a duplicate copy for ten days prior to the day of sale in three public places in the township in which the sale is to take place, and

2. If the owner of the progeny resides in the said county, by also serving a duplicate copy on the owner in the manner in which original notices are served, at least ten days prior to the day of sale.


580.7. Joinder of liens

A foreclosure may embrace liens on more than one progeny of the same stallion, bull, inseminator or jack when all of said progenies are owned by the same person. In such case there shall be separate sales until an amount is realized sufficient to pay all liens and costs.


580.8. Sale--application of proceeds

If payment of the service fee, and costs, be not made prior to the time of sale, as fixed in such notice, the sheriff may sell property so held by the sheriff, or so much thereof as may be necessary, at public auction to the highest bidder, and the proceeds shall be applied, first, to the payment of the costs, and second, in payment of amount due for service fee. Any surplus arising from such sale shall be forthwith paid to the owner of the property sold.


580.9. Right of contest--injunction

The right of the owner or keeper to foreclose, as well as the amount claimed to be due, may be contested by anyone interested in so doing, and the proceeding may be transferred to the district court, for which purpose an injunction may issue, if necessary.
 

III.  Agister's Lien

TITLE XIV. PROPERTY
SUBTITLE 3. LIENS
CHAPTER 579. LIENS FOR CARE OF STOCK AND STORAGE OF BOATS AND MOTOR VEHICLES

 

579.1. Nature of liens

1. Livery and feed stable keepers, herders, feeders, or keepers of stock shall have a lien on all property coming into their hands, as such, for their charges and the expense of keeping, but such lien shall be subject to chapter 579A and all prior liens of record.

2. Places for the storage of motor vehicles, boats, and boat engines and boat motors shall have a lien on all property coming into their hands, as such, for their charges and the expense of keeping, but such lien shall be subject to all prior liens of record.


579.2. Satisfaction of lien by sale

If such charges and expenses are not paid, the lienholder may sell said stock and property at public auction, after giving to the owner or claimant, if found within the county, ten days' notice in writing of the time and place of such sale, and also by posting written notices thereof in three public places in the township where said stock and property were kept or received.


579.3. Disposal of proceeds

Out of the proceeds of such sale the lienholder shall pay all of the charges and expenses of keeping said stock and property, together with the costs and expenses of said sale, and the balance shall be paid to the owner or claimant of the stock and property.
 

Reviewed by AAHS in August 2001.


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