University of Vermont AAHS

Minnesota Liens for Services to Horses

 

NOTE: Minnesota has three veterinarian's liens and a farrier's lien. It has no breeder's lien.

 

I. Veterinarian's Liens

MINNESOTA STATUTES
PROPERTY INTERESTS AND LIENS
CHAPTER 514. LIENS; LABOR, MATERIAL VETERINARIANS

 

514.92. Veterinarian's lien

Subdivision 1. ATTACHMENT. A licensed veterinarian who performs emergency veterinary services that cost more than $25 for animals at the request of the owner or a person in possession of the animals has a lien on the animals for the value of the services. Emergency veterinary services include surgical procedures, administering vaccines, antisera, and antibiotics, and other veterinary medicines, and services that are performed primarily to protect human health, to prevent the spread of animal diseases, or to preserve the health of the animal or animals treated.

Subd. 1a. FILING AND PERFECTING LIEN. The veterinarian must file a lien statement in the appropriate filing office for a financing statement covering the animals to be filed under section 336.9-401 by 180 days after the last item of the veterinary service is performed. A lien does not include any veterinary services performed more than one year before the date on which the last item of the veterinary service is performed. The lien is perfected by properly filing the lien statement. Notwithstanding section 336.9-402, there is no requirement in filing to give the social security number or the internal revenue service taxpayer identification number of the debtor.

Subd. 2. LIEN STATEMENT. (a) A lien statement must be verified and state:

(1) the name of the owner, or reputed owner, of the animals;

(2) the name of the person for whom the veterinary services were performed;

(3) the kind, number, and reasonable identification of animals treated;

(4) the dates when the veterinary services were begun and finished;

(5) the fraction of veterinary services performed that were primarily to protect human health, to prevent the spread of animal diseases, or to preserve the health of the animal or animals treated;

(6) the reasonable value of the veterinary services rendered, or the price contracted between the parties; and

(7) the name and address of the veterinarian claiming the lien.

(b) The provisions of section 514.74 relating to inaccuracies in lien statements apply to lien statements under this subdivision.

Subd. 3. ENFORCEMENT OF LIEN. An action to enforce a perfected lien under this section must be started by one year after the date the last item of the veterinary service was performed. A perfected lien may be enforced in the manner prescribed for security interests under sections 336.9-501 to 336.9- 508.

Subd. 4. PRIORITY OF LIEN. (a) A perfected veterinarian's lien under this section has priority over other liens and security interests on the same animals to the extent the veterinary services were performed primarily to protect human health, to prevent the spread of animal diseases, or to preservethe health of the animal or animals treated.

(b) A veterinarian's lien has priority over a security interest perfected before the veterinarian's lien only if the security interest is perfected after March 22, 1986.

(c) The priority among veterinarian's liens filed under this section is according to the first lien filed.

Subd. 5. TERMINATION. (a) A veterinarian's lien under this section terminates:

(1) 180 days after the last item of the veterinarian's services was performed if a proper lien statement is not filed; or

(2) one year after the lien is filed if an action to enforce the lien has not been started.

(b) A filing officer may remove and destroy terminated lien statements in the same manner as provided for a financing statement under section 336.9-410.

 

  PROPERTY INTERESTS AND LIENS
CHAPTER 514. LIENS; LABOR, MATERIAL VETERINARIANS

 

514.93. Summary sale of unclaimed animals; time of sale; notice; disposition of proceeds; record of sale

Any unclaimed animal held by a veterinarian for more than ten days after the completion of veterinary care and treatment requested by the owner or lawful possessor of said animal may be summarily sold by the veterinarian for the reasonable value of said animal upon compliance with the procedures set forth in this section. Written notice of the completion of care and treatment and written notice of the proposed sale of said animal shall be given to the owner or lawful possessor of said animal by certified mail. If the whereabouts of the owner or lawful possessor of the animal cannot be ascertained with reasonable diligence, a notice of the proposed sale shall be published in a legal newspaper circulated in the county where the animal is located at least ten days preceding the sale. The notice shall state the amount due and the date, place and time of sale. The proceeds of such sale shall first be used to reimburse the veterinarian for an amount equal to the reasonable value of the veterinary care and treatment plus any other care and board given said animal; the excess amount, if any, from such sale shall be paid to the owner or lawful possessor of said animal or to other persons legally entitled thereto. Any veterinarian making a sale hereunder shall make a record in writing verified by the veterinarian's oath, setting forth the kind and number of animals sold, the amount realized from any such sale, the amount claimed due by the veterinarian, the name of the former owner or lawful possessor requesting the care and treatment performed by the veterinarian on the animal or animals sold, the dates when the treatment was commenced and was completed, the date or dates when notice of the proposed sale was given the owner or lawful possessor of the animal or animals sold, the description of the animal or animals sold, and if branded, the brand thereon, the name and address of the veterinarian making the sale and the name and address of purchaser or purchasers of the animal or animals sold. The record so made shall be filed within five days of the sale in the office of the county recorder of the county in which such sale is made.

514.94. Rights of detainer, lien and sale of animals

Nothing in sections 514.92 to 514.94 shall in any way alter or revoke a veterinarian's rights of detainer, lien and sale of animals under sections 514.18 to 514.22.

 

PROPERTY INTERESTS AND LIENS
CHAPTER 514. LIENS; LABOR, MATERIAL PERSONALTY IN POSSESSION


514.18. Retaining

Subdivision 1. Mechanics' lien on personal property; property in possession. Whoever, at the request of the owner or legal possessor of any personal property, shall store or care for or contribute in any of the modes mentioned in section 514.19 to its preservation, care, or to the enhancement of its value, shall have a lien upon such property for the price or value of such storage, care, or contribution, and for any legal charges against the same paid by such person to any other person, and the right to retain possession of the property until such lien is lawfully discharged.

Subd. 1a. Towed motor vehicles. A person who tows and stores a motor vehicle at the request of a law enforcement officer shall have a lien on the motor vehicle for the value of the storage and towing and the right to retain possession of the motor vehicle until the lien is lawfully discharged. This section does not apply to tows authorized in section 169.041, subdivision 4, clause (1).

Subd. 2. Nonpossessory lien; notice. Notwithstanding the voluntary surrender or other loss of possession of the property on which the lien is claimed, the person entitled thereto may preserve the lien upon giving notice of the lien at any time within 60 days after the surrender or loss of possession, by filing in the appropriate filing office under the uniform commercial code, Minnesota Statutes, section 336.9-401 a verified statement and notice of intention to claim a lien. The statement shall contain a description of the property upon which the lien is claimed, the work performed or materials furnished and the amount due.

Subd. 3. Priority; security; interest; foreclosure. The lien shall be valid against everyone except a purchaser or encumbrancer in good faith without notice and for value whose rights were acquired prior to the filing of the lien statement and who has filed a statement of interest in the appropriate filing office. The lien shall be considered a security interest under the uniform commercial code and foreclosure thereon shall be in the manner prescribed for security interests under article 9 of the uniform commercial code.

Subd. 4. Motor vehicles excluded. Subdivisions 2 and 3 shall apply to machinery, implements and tools of all kinds but shall not apply to motor vehicles.


514.19. Right of detainer

A lien and right of detainer exists for:

(1) Transporting property from one place to another but not as a carrier under article 7 of the Uniform Commercial Code;

(2) Keeping or storing property as a bailee but not as a warehouse operator under article 7 of the Uniform Commercial Code;

(3) Keeping, feeding, pasturing, or otherwise caring for domestic animals or other beasts, including medical or surgical treatment and shoeing;

(4) The use and storage of molds and patterns in the possession of the fabricator belonging to the customer for the balance due from the customer for fabrication work;

(5) Making, altering or repairing any article, or expending any labor, skill or material on it.

The liens embrace all lawful charges against the property paid to any other person by the person claiming the lien, and the price or value of the care, storage or contribution and all reasonable disbursements occasioned by the detention or sale of the property.


514.20. Sale

If any sum secured by such lien be not paid within 90 days after it becomes due, the lienholder may sell the property and out of the proceeds of such sale there shall be paid, first, the disbursements aforesaid; second, all charges against the property paid by such person to any other person; and, third, the total indebtedness then secured by the lien. The remainder, if any, shall be paid on demand to the owner or other person entitled thereto. If the property subject to the lien is a motor vehicle registered in this state and subject to a certificate of title, then the lienholder must provide written notice, by registered mail, to all secured creditors listed on the certificate of title 45 days before the lienholder's right to sell the motor vehicle is considered effective. The notice must state the name, address, and telephone number of the lienholder, the amount of money owed, and the rate at which storage charges, if any, are accruing. Costs for registered mail and other reasonable costs related to complying with this notice provision constitute "lawful charges" pursuant to section 514.19. Failure to comply with the notice provision in this section renders any lien created by this chapter ineffective against any secured party listed on the certificate of title of the motor vehicle involved.


514.21. Sale, when and where made; notice

The sale herein provided for shall be made at public auction between nine o'clock in the morning and five o'clock in the afternoon in the county where the property or some part thereof is situated. A notice stating the time and place of sale, the amount which will be due on the date of sale exclusive of the expenses of advertising and sale, and the grounds of the lien, giving a general description of the property to be sold, shall be served personally upon the owner of the property if the owner can be found within the county in which the property is stored, and if not, then it shall be mailed to the owner thereof at least three weeks before the time fixed for such sale if the place of residence or post office address of such owner is known by, or with due diligence can be learned by, the person claiming such lien, and shall be published once in each week for three successive weeks in a newspaper printed and published in the county where the property, or some part thereof, is situated, the last publication of such notice to be at least one week prior to the date of sale; or, if there is no newspaper printed and published in the county, then the notice of sale shall be posted in three of the most public places in the county at least three weeks before the time of sale. In case neither the place of residence nor the post office address of such owner is known to the person claiming such lien and cannot with reasonable diligence be learned, the publication or posting of notice, as herein provided, shall be sufficient to authorize such sale.


514.22. Conduct of sale

The property sold, as herein provided, shall be in view at the time of the sale. Under the power of sale hereby given enough of the property may be sold to satisfy the amount due at the time of sale, including expenses, and the property, if under cover, may be offered for sale and sold in the original packages in the form and condition that the same was received by the lienholder; but, after sufficient property has been so sold to satisfy the amount so due, no more shall be sold. The lienholder, the lienholder's representatives or assigns, may fairly and in good faith purchase any property sold under the provisions of sections 514.18 to 514.22, provided the sale is conducted by the sheriff, the sheriff's deputy, or any constable of the county where such sale is made.
 

II. Farrier's Lien

PROPERTY INTERESTS AND LIENS
CHAPTER 514. LIENS; LABOR, MATERIAL SHOEING ANIMALS

 

514.23. Lien upon animal

Every person who shall shoe or cause to be shod by the person's employees any horse, mule, ox, or other animal shall have a lien upon the animal shod for the reasonable charge for the shoeing of the same, and each lien conferred by sections 514.23 to 514.34 shall take precedence of all other claims or liens thereon, not duly recorded prior to the recording of the claim of lien, as provided in sections 514.24 to 514.34, but such lien shall not attach where the property has changed ownership prior to the filing of such lien.


514.24. Statement and notice, when and where filed

Any person desiring to secure the benefit of sections 514.23 to 514.34, shall, within six months after the shoeing of such horse, mule, ox, or other animal, or in case the person has shod such animal more than once within that time, then within six months of the last shoeing, file in the appropriate filing office under the uniform commercial code, Minnesota Statutes, section 336.9- 401, a statement made under oath by the claimant, or someone in the claimant's behalf, and a notice of intention to claim a lien upon such animal for the charges for the shoeing of the same.


514.25. Contents of statement

Such statement and notice shall state the name of the person claiming the lien, the name of the owner or reputed owner of the animal sought to be charged with the lien, and a description sufficient for identification of the animal upon which the lien is claimed, and the amount due the claimant, as near as may be, over and above all legal offsets.


514.26. Successive liens

Any person may file successive liens upon the same animal for charges for shoeing the same, and may include in any one claim of lien the charges for any number of times of shoeing such animal; provided, that no lien shall be had for any shoeing of any animal done more than six months prior to the filing of the notice of lien.


514.27. Duty of filing officer

It shall be the duty of the filing officer, upon the presentation to the officer of any such statement and notice of lien, to file the same in the office of the filing officer in the same manner as provided by law for the filing of financing statements under the uniform commercial code, [FN1] except that the social security number of an individual debtor or the Internal Revenue Service taxpayer identification number for a debtor other than an individual is not required.


514.28. Certified copy; evidence

A copy of such statement and notice of lien, filed as aforesaid, certified by the filing officer shall be received in evidence in any proceeding to enforce the lien provided for in sections 514.23 to 514.34, but only of the fact that such statement and notice of lien was received and filed according to the endorsements of the filing officer thereon and of no other fact.


514.29. Action to enforce; notice

Within six months after the date of filing the lien statement, the person having a lien shall commence suit for the recovery of the charges by summons, in the usual form, before the appropriate court against the person liable for the payment. Before commencing any action to foreclose it, a lien claimant shall give the person against whom the claimant proposes to bring the action at least 20 days' notice in writing of intention to foreclose it.


514.30. Personal service

If such summons be returned personally served upon the defendant, the same proceedings shall thereon be had in all respects as in other suits commenced by summons, in which there is a personal service of process; and the judgment shall be rendered in such suit in like manner as judgments are now rendered in civil actions.


514.31. Defendant not found

If the officer return upon such summons that the defendant cannot be found in this county, the same proceedings shall be had in all respects, as near as may be, as in suits commenced by attachment in which there is not a personal service of the attachment upon the defendant, and judgment shall be rendered in such suits in like manner as judgments are now rendered in such actions.


514.32. Execution and sale

If the plaintiff recover judgment in such suit, execution shall be issued thereon in the same manner and with like effect as upon judgments now rendered in suits commenced by attachment, and the horse, mule, ox, or other animal upon which the plaintiff holds such lien shall not be exempt from execution but may be sold to satisfy such execution in the same manner as if it had been seized and held upon an attachment in such suit.


514.33. Expenses

All expenses which shall have been incurred by the person having such lien after the same had accrued shall be an additional lien upon the property, and shall be computed and ascertained upon the trial or assessment of damages and included in the judgment.


514.34. Findings; judgment

In all suits or attachments prosecuted under the provisions of sections 514.23 to 514.34, the court or jury which tries it or makes an assessment of damages shall also determine whether or not the amount due for the cost of shoeing the animal described in plaintiff's declaration is a lien upon the animal. If the court or jury finds that the amount due the plaintiff is not a lien upon the property described in the plaintiff's declaration, the plaintiff shall be nonsuited, but shall be entitled to judgment, as in other civil actions and shall recover or tax only those costs allowed and taxable in the other case.

 

Reviewed by AAHS in August 2001.


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