NOTE: Nevada has no veterinarians or farriers lien. It has a breeders lien that is part of its agisters lien statute.
NEVADA REVISED STATUTES
TITLE 9. SECURITY INSTRUMENTS OF PUBLIC UTILITIES; MORTGAGES; DEEDS OF TRUST; OTHER LIENS
CHAPTER 108. STATUTORY LIENS LIEN OF AGISTOR, FEEDER OR BREEDER
108.540. Lien upon animals; priority; demand for payment; foreclosure; penalty for taking or driving away animal.
1. Any person furnishing feed, pasture or otherwise boarding any animal or animals, at the request or with the consent of the owner or his representative, has a lien upon the animal or animals, and may retain possession thereof until the sum due for the feed, pasture or board has been paid. Such a lien is subordinate only to such other liens of third persons as have been placed on record, as required by law, in the county where the feed, pasture or board was or is being furnished.
2. Before foreclosing the lien by sale, the person furnishing the feed, pasture or board shall mail a registered or certified letter to the owner, or purported owner, of the animal or animals, at the owner's, or purported owner's, last known address. The letter must demand payment of all money due for the feed, pasture or board, and must inform the owner that if payment is not made the lien will be foreclosed by sale. If payment is not made within 30 days from the date of mailing the registered or certified letter, the lien may be foreclosed by sale, in the manner provided by NRS 108.550.
3. Any person who takes and drives away any such animal or animals, while in the possession of the person feeding, pasturing or boarding them, without the consent of the person feeding, pasturing or boarding them, and without first having paid all reasonable charges due thereon, is guilty of a misdemeanor. Nothing contained in this subsection releases the owner of the animal or animals from the amount of any lien which may be due thereon, under this section.
108.550. Foreclosure of lien; sale; disposition of proceeds.
1. The lien provided for in NRS 108.540 may be foreclosed in the following manner:
(a) A notice must be posted for a period of 10 days in three public and conspicuous places in the county where the animals are being fed, pastured or boarded, which notice must also be published in one issue of a newspaper of general circulation in the county.
(b) The notice must:
(1) Specify the nature and amount of the lien.
(2) Specify that it is the intention of the lienholder to foreclose the same by sale.
(3) Specify a description of the animal or animals.
(4) Specify the name and last known address of the owner or purported owner of the animal or animals.
(5) State that unless the amount of the lien is paid on or before a specified date, the animal or animals, or so many thereof as may be necessary, will be sold at public auction at the place and on the day and hour specified in the notice.
(6) Be signed and dated by the lienholder.
(c) The lienholder shall specify a day for the purposes of the demand in subparagraph (5) of paragraph (b). The day specified must not be less than 10 nor more than 15 days after the date of the publication of the notice.
(d) A true copy of the demand and notice must be mailed by registered or certified letter and at the time of publication to the last known address of the holder of every lien appearing of record in the county.
2. The sale provided for in this section may be conducted by the person furnishing the feed, pasture or board, or by any other person who may be designated by the lienholder. Only such number of animals will be sold as may be necessary to discharge the lien and pay the cost of the publication of notice, plus the sum of $5 to be allowed to the person making the sale. No sale may be made except when the animals to be sold are corralled and have been viewed by the bidders. Any expense incidental to rounding up or bringing the animal or animals to the place of sale is also a proper and an additional charge against the owner. The lienholder may be a bidder at the sale. From the proceeds of the sale the lienholder shall satisfy his lien, including the additional charges mentioned in this subsection, delivering over the balance, if any, to the owner. If the owner is out of the state or cannot be found, the balance must be deposited with the county treasurer of the county in which the sale was conducted.
3. If the balance is not called for by the owner within 6 months from the date of sale, the balance must be paid into the county school district fund.
4. The highest bidder at the sale shall immediately pay the amount bid in cash and receive title to the animals sold, subject only to any prior lien appearing of record in the county; but before title vests in the successful bidder there must be filed with the recorder of the county in which the sale was held a certificate executed by the person conducting the sale, to which must be attached the publisher's proof of publication of the notice of sale to foreclose the lien. The certificate must specify:
(a) The name and address of the buyer.
(b) That the buyer was the highest bidder.
(c) The amount bid and paid.
(d) The kind, color, size, weight, brand, if any, and earmarks, if any, of the animal or animals sold.
5. No person requesting or consenting to the furnishing of feed, pasture or board is entitled to assert a lien prior to that provided for in this section.
6. This section is intended to supplement existing law and the remedy provided in this section is not exclusive. This section does not deprive the lienholder from resorting to any other legal remedy.
108.560. Disposition of livestock in settlement of pasturage or feed bills: Appraisement; sale; right of redemption.
1. Whenever the bill or claim for pasturage or feed for livestock shall in the judgment of the person or persons furnishing the pasturage or feed equal the value of the livestock pastured or fed, and the owner or owners of the livestock shall have failed or neglected to pay for the pasturage or feed, the person or persons furnishing the pasturage or feed may have the livestock appraised by three competent and disinterested freeholders. If the appraisement does not exceed by 10 percent the amount of the unpaid pasturage or feed bill, upon the filing of the appraisement with the county recorder of the county in which the livestock is situated, the title to the livestock shall vest in the person or persons furnishing such pasturage or feed and he or they shall have the right to sell the livestock, subject to the right of redemption mentioned in subsection 2.
2. At any time within 1 year after the filing of the appraisement, the original owner or owners of the livestock shall have the right to redeem the livestock from the possessor thereof by paying or tendering as payment to the possessor the amount of the appraisement together with 25 percent of the appraisement additional as damages. Should payment or tender not be made by the original owner within 1 year after the filing of the appraisement the title of the possessor of the livestock shall become absolute.
108.570. Service of stallion: Lien on mare and offspring; penalties.
1. The owner or keeper of any stallion may advertise the terms upon which he will let such stallion to service, by publication thereof in some newspaper of the county where the stallion is kept, for 60 days during the season of each year, or by printed handbills conspicuously posted during such period in four or more public places in the county, including the place where the stallion is kept. The publication or posting, as aforesaid, of the terms of such service shall impart notice thereof to the owner of any mare served by such stallion during the season. In all actions and controversies in respect to the foal, the owner of the mare so served shall be deemed to have accepted and assented to the terms when so advertised and published or posted as provided herein.
2. When the terms of such service by any stallion, published or posted as provided in subsection 1, shall provide that the mare and foal will be held for the money due for the service of the stallion, then the owner or keeper of the stallion shall have a lien for such sum on the mare from the time of service and on the offspring of the mare served for the period of 1 year after the birth of such foal, which lien shall be preferred to any prior lien, encumbrance or mortgage whatever. The publication or posting, as aforesaid, of the terms of such service shall be deemed notice to any third person of the existence of such lien.
3. Any person who shall sell, convey or dispose of any animal upon which there exists a lien, as created in subsection 2, without the written consent of the person holding such lien, and without informing the person to whom the same is sold or conveyed that the lien exists, or who shall injure or destroy such animal, or aid or abet the same, for the purpose of defrauding the lienor, or who shall remove or conceal or aid or abet in removing or concealing such animal, with intent to hinder, delay or defraud such lienor, shall be guilty of a misdemeanor.
Reviewed by AAHS in August 2001.
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