University of Vermont AAHS

Missouri Liens for Service to Horses

 

NOTE:  Missouri has a breeder's lien.  It has no veterinarian's or farrier's lien.  However, the agister's lien is broad enough to cover charges for veterinary care and for farrier services.

 

I.  Breeder's Lien

MISSOURI STATUTES
TITLE XXVII. DEBTOR-CREDITOR RELATIONS
CHAPTER 430. STATUTORY LIENS AGAINST PERSONALTY--PREFERRED CLAIMS LIENS FOR KEEPING, TRAINING AND BREEDING ANIMALS

 

430.170. Owner to advertise terms--publication imparts notice

The owner or keeper of any stallion, jack or bull may advertise the terms upon which he will let any such animal to service, by publication thereof in some newspaper of the county where such animal is kept, for sixty days during the season of each year, or by printed handbills conspicuously posted during such period, in four or more public places in said county, including the place where such animal is kept; and the publication or posting as aforesaid of the terms of such service shall impart notice thereof to the owner of any female animal served by such stallion, jack or bull during any such season; and in all actions and controversies in respect to the foal or other product of such service, the owner of such female animal so served shall be deemed to have accepted and assented to said terms, when so advertised and published or posted as provided herein.


430.180. Publication or posting terms of service sufficient notice of lien on offspring

When the terms of the service by the animal, published or posted as provided in section 430.170, provides that the foal or other product of the service will be held for the money due for the service of the stallion, jack or bull, then and in that event the owner or keeper of the animal shall have a lien for the sum on the offspring of any female animal served, for the period of one year after the birth thereof. The lien shall be preferred to any prior lien, encumbrance or security agreement whatever; and the publication or posting as aforesaid of the terms of the service shall be deemed notice to any third party of the existence of the lien.


430.200. Giving false pedigree forfeits claim

If any keeper of such stallion, jack or bull shall offer and advertise to let the service of any such animal, and shall give a false or fictitious pedigree, knowing the same to be false, or shall falsely represent said animal to be recorded or eligible to record in any of the various books of record kept for recording animals of that breed, he shall forfeit all claim to the value of the services rendered by any such animal, and shall not be entitled to the benefits of any provision of sections 430.150 to 430.220.


430.210. Lienor may proceed by replevin

For the purpose of enforcing such lien upon default in the payment of the sum secured, the lienor may proceed by replevin in any court of competent jurisdiction and possess himself of the encumbered property, and hold the same subject to such judgment as he shall recover.

430.220. Judgment, amount, how enforced

Upon the rendition of judgment, if for the lienor, it shall be for the sum found to be due, with costs of suit, and that the lien be enforced against the property by execution and sale as in ordinary sales under execution, but if such finding be for defendant, judgment shall be entered in his favor as in ordinary actions of replevin.
 

II.  Agister's Lien

 

MISSOURI STATUTES
TITLE XXVII. DEBTOR-CREDITOR RELATIONS
CHAPTER 430. STATUTORY LIENS AGAINST PERSONALTY--PREFERRED CLAIMS LIENS FOR STORING VEHICLES AND FOR WORK ON ANIMALS AND VEHICLES


430.030. Lien, for labor or material furnished, on horse, mule or other animal

1. Every person who furnishes labor or material on any horse, mule or other animal, who shall obtain a written memorandum of the work or material furnished, or to be furnished, signed by the owner of such horse, mule or other animal, shall have a lien for the amount of such work or material as is ordered or stated in such written memorandum.

2. Such lien shall be on such horse, mule or other animal as shall be placed in the possession of the person furnishing the labor or material; provided, however, that for labor and material furnished on more than one horse, mule or other animal belonging to the same owner, the person furnishing such labor and material may, at his option, have a lien on any one or more of such horses, mules or other animals for the amount of labor and material furnished on all of such horses, mules and other animals belonging to such owner.


430.040. Vehicle or aircraft, part or equipment--horse, mule or other animal to remain in custody of person having lien

1. No person shall have the right to take any vehicle or aircraft, or part or equipment thereof, or any horse, mule or other animal out of the custody of the person having the lien, except with the consent of the person, or upon paying the amount, lawfully due, for keep, storage, labor or material.

2. The lien shall be valid against the vehicle or aircraft, or part or equipment thereof, or against the horse, mule or other animal in the possession of any person receiving or purchasing the same, with notice of the lien claim; but the lien shall not take precedence over or be superior to any prior lien on the property, created by any financing statement on the same, duly perfected in accordance with the laws of this state, without the written consent of the secured party or the legal holder of the security agreement.


430.050. Lien, how enforced

The lien provided for in section 430.040 shall be enforced in the same manner and be governed by the same procedure as is provided in section 430.160, applicable to the enforcement of the lien for keeping or training horses and other animals.


430.060. Proceedings governed by laws concerning replevin where not specifically provided

All proceedings under sections 430.010 to 430.070, where not herein otherwise specifically provided, shall be governed by the general laws of the state concerning replevin.
 

LIENS FOR KEEPING, TRAINING AND BREEDING ANIMALS

 

430.150. Lien for keeping or training horses and other animals

Every person who shall keep, board or train any horse, mule or other animal, shall, for the amount due therefor, have a lien on such animal, and on any vehicle, harness or equipment coming into his possession therewith, and no owner or claimant shall have the right to take any such property out of the custody of the person having such lien, except with his consent or on the payment of such debt; and such lien shall be valid against said property in the possession of any person receiving or purchasing it with notice of such claim.


430.160. Enforcement of liens

The lien provided for in section 430.150 shall be enforced as follows: The person claiming the lien shall file in circuit court, before a circuit or associate circuit judge, in the county in which he resides, a statement duly verified by himself, his agent or attorney, setting forth his account and a description of the property on which the lien is claimed, and thereupon the court shall issue a summons, as in ordinary civil actions, returnable forthwith; and upon a return of the summons, duly served, shall set the cause for hearing at any time after the lapse of one day. If summons be returned "defendant not found", and if it be proved to the satisfaction of the court that the defendant is not a resident of the county, the court shall order a notice of the proceedings to be published for three successive days, in a daily newspaper, if one be published in the county, and if there be none, then once in a weekly, if such be published in the county; and if no paper be published in the county, then by six handbills put up in six public places in the county, notifying the defendant of the filing and the particulars of the account, the description of the property on which the lien is claimed, its whereabouts, and the day and place set for the hearing of the cause, which shall be at least ten days from the day of the last publication of the notice or the posting thereof; and the proof of such publication or of the posting of such notice shall be filed in the court on or before the day of trial. When the defendant shall have been summoned or notified as aforesaid, the cause shall, on the day fixed for trial, be tried as any ordinary case before an associate circuit judge or a circuit judge, as the case may be. If the judgment be for the plaintiff, the court shall order the property upon which the lien shall have been found to exist to be sold to satisfy the same. If the lien be not established, and the defendant shall not have been summoned, or shall not have voluntarily appeared to the action, the cause shall be dismissed at the cost of the plaintiff. If the defendant shall have been summoned, or shall have appeared to the action, and the plaintiff shall have established an indebtedness on the account sued on, but shall have failed to establish the lien claimed, the judgment shall be for the plaintiff for such indebtedness, but the cost of suit, or any part thereof, may be taxed against him.

Reviewed by AAHS in August 2001.


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