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NOTE: Georgia has no lien specifically applicable to farrier
services. However, it does have liens specifically applicble to veterinarians and
breeders. The veterinarian's lien is broad enough to cover residential farrier
services.
CODE OF GEORGIA
TITLE 44. PROPERTY
CHAPTER 14. MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS
ARTICLE 8. LIENS
PART 9. VETERINARIANS AND BOARDERS OF ANIMALS
44-14-490 Lien for treatment, board, or care of animal; right to retain possession.
Every licensed veterinarian and every operator of a facility for boarding animals or pets shall have a lien on each animal or pet treated, boarded, or cared for by them while in their custody and under contract with the owner of the animal or pet for the payment of charges for the treatment, board, or care of the animal or pet; and the veterinarian or operator of a facility shall have the right to retain the animal or pet until the charges are paid. Facilities for boarding animals or pets shall include, but not be limited to, veterinary hospitals, boarding kennels, stables, livestock sales barns, and humane societies.
44-14-491 Notice to owner; sale or disposal of animal; liability.
(a) (1) If the charges due for any services enumerated in Code Section 44- 14-490 are not paid within ten days after the demand therefor on the owner of the animal or pet or if the animal or pet is not picked up within ten days after the demand therefor on the owner of the animal or pet, which demand shall be made in person or by registered or certified mail or statutory overnight delivery with return receipt requested and addressed to the owner at the address given when the animal or pet was delivered, the animal or pet shall be deemed to be abandoned and the licensed veterinarian or operator of a facility is authorized to dispose of the animal or pet in such manner as such veterinarian or operator shall determine. Such ten-day period will begin to run on the date the demand is postmarked or the date the verbal command is communicated in person and shall be noted on the veterinarian's or operator's file on the animal or pet. For purposes of this subsection, the term "dispose of " means selling the animal or pet at public or private sale, giving the animal or pet away, or turning the animal or pet over to any humane society or animal shelter or other such facility. Where no such shelter facility exists within a 50 mile radius of the veterinarian or operator of a facility's place of business and the veterinarian or operator has been unable to sell or give the animal away, then the veterinarian or operator is authorized to euthanize the animal in a humane manner.
(2) On the day of the disposal of the animal or pet, the veterinarian or operator of a facility shall notify the owner in person, by telephone, or by registered or certified mail or statutory overnight delivery with return receipt requested at the address given when the animal or pet was delivered, of the date of the disposal and the manner in which the animal was disposed.
(3) The disposal of an animal or pet as provided in this Code section shall not relieve the owner or owner's agent of any financial obligations incurred for treatment, boarding, or care by a veterinarian or operator of a facility for boarding animals or pets.
(b) The giving of notice to the owner as provided for in subsection (a) of this Code section shall relieve the licensed veterinarian, the operator of a facility for boarding animals or pets, or any custodian who disposes of such animal or pet of any further liability for such disposal.
(c) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail or statutory overnight delivery provided for in paragraph (1) of subsection (a) of this Code section shall not render the licensed veterinarian or operator of a facility liable to the owner of such animal or pet for the disposal thereof in any manner provided in this Code section.
44-14-492 Disposition of sale proceeds.
When any animal or pet is sold as authorized in this part to satisfy a lien for any of the services enumerated in Code Section 44-14-490, any surplus realized from the sale after payment of the charges and any expenses incurred in making the demand for payment thereof in connection with the sale shall be paid to the owner of the animal or pet.
44-14-493 Necessity of other legal proceedings.
Other than compliance with the requirements of this part, no legal proceedings shall be necessary for the enforcement of the lien created by this part.
44-14-494 Criminal liability under Code Section 44-14-491.
It shall not constitute a violation of Code Section 16-12-4 if a licensed
veterinarian or an operator of a facility for boarding animals or pets disposes of an
animal or pet as provided in Code Section 44-14-491.
TITLE 44. PROPERTY
CHAPTER 14. MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS
ARTICLE 8. LIENS PART 1. IN GENERAL
44-14-320 Certain liens established; removal of nonconforming liens.
(a) The following liens are established in this state:
(1) Liens for taxes in favor of the state, the counties, and the municipal corporations;
(2) Liens in favor of creditors by judgment and decree;
(3) Liens in favor of laborers;
(4) Liens in favor of landlords;
(5) Liens in favor of mortgagees;
(6) Liens in favor of landlords furnishing supplies;
(7) Liens in favor of mechanics on real and personal property;
(8) Liens in favor of contractors, materialmen, subcontractors, materialmen furnishing
material to subcontractors, and laborers furnishing labor to subcontractors, machinists,
and manufacturers of machinery. As used in this paragraph, the term
"subcontractor" includes, but is not limited to, subcontractors having privity
of contract with the prime contractor;
(9) Liens in favor of certain creditors against steamboats and other watercraft;
(10) Liens in favor of the proprietors of sawmills and the proprietors of planing mills
and other similar establishments;
(11) Liens in favor of innkeepers, boardinghouse keepers, carriers, livery stable keepers,
pawnbrokers, depositories, bailees, factors, acceptors, and attorneys at law;
(12) Liens in favor of owners of stallions, jacks, bulls, and boars;
(13) Liens in favor of railroad employees, owners of stock killed, and persons furnishing
supplies to railroads;
(14) Liens in favor of laundrymen;
(15) Liens in favor of jewelers; and
(16) Liens in favor of the state for expenditures from the hazardous waste trust fund
pursuant to subsection (e) of Code Section 12-8-96. Such liens shall be superior to all
other liens except liens for taxes and other prior perfected recorded liens or claims of
record.
(b) (1) All liens provided for in this chapter or specifically established by federal or
state statute, county, municipal, or consolidated government ordinance or specifically
established in a written declaration or covenant which runs with the land shall be exempt
from subsection (c) of this Code section. All other liens shall be defined as
nonconforming liens and shall not be eligible for filing and recording.
(2) Each nonconforming lien shall be a nullity with no force or effect whatsoever, even if
said nonconforming lien is filed, recorded, and indexed in the land records of one or more
counties in this state.
(c) (1) Any person, corporation, or other entity against whose property a nonconforming
lien is filed or recorded may, without notice to any party, file an ex parte petition for
an order to remove a nonconforming lien from the record in the superior court of the
county in which said lien is filed or recorded and obtain an order from said superior
court directing the clerk of the superior court to record the order and mark the recorded
nonconforming lien: "CANCELED OF RECORD PURSUANT TO ORDER DATED ________, RECORDED AT
DEED BOOK ____, PAGE ____. THIS ________ DAY OF __________________________,
________." The petition shall set forth that:
(A) The movant is a party against whose property a nonconforming lien is filed;
(B) The lien in question is a nonconforming lien as defined under this Code section; and
(C) A certified copy of the nonconforming lien is attached as an exhibit.
The petition must be executed by the movant or movant's attorney. The order may be entered
as early as the date of filing of the petition and shall set forth that, upon review of
the petition and the certified copy of the recorded instrument attached thereto, it is the
order of the court that said lien is a nonconforming lien under this Code section and that
the clerk of the court is ordered to record the order and mark the nonconforming lien
canceled of record.
(2) Any official or employee of the government of this state or any branch thereof, any
political subdivision of this state, or the government of the United States or any branch
thereof against whose property a nonconforming lien is filed or recorded may, without
notice to any party and in lieu of the procedure provided by paragraph (1) of this
subsection, file an ex parte affidavit of nonconforming lien in the superior court of the
county in which said lien is filed or recorded. The affidavit shall set forth that:
(A) Such person against whose property a nonconforming lien is filed is an official or
employee of the government of this state or a branch thereof, a political subdivision of
this state, or the government of the United States or a branch thereof;
(B) The lien in question is a nonconforming lien as defined under this Code section and
was filed against the government official or employee based upon the performance or
nonperformance of his or her official duties; and
(C) A certified copy of the nonconforming lien is attached as an exhibit.
The affidavit filed for such government official or employee must be executed by the
Attorney General or a deputy or assistant attorney general in the case of an official or
employee of the government of this state or a branch thereof, the attorney representing a
political subdivision of this state in the case of an official or employee of such
political subdivision, or a United States attorney or an assistant United States attorney
in the case of an official or employee of the government of the United States or a branch
thereof. The lien shall be conclusively presumed to be nonconforming upon the filing of
such affidavit, and the clerk of the court shall instanter mark the recorded nonconforming
lien: "CANCELED OF RECORD PURSUANT TO AFFIDAVIT DATED ________, RECORDED AT DEED BOOK
____, PAGE ____. THIS ________ DAY OF __________________________, ________.".
44-14-511 Liens on offspring of stallions, etc.; necessity of recordation; recording fee;
priorities.
The owner or keeper of any stallion, jack, or blooded or imported bull or boar shall have a lien upon the offspring thereof for the service of the stallion, jack, or blooded or imported bull or boar for the period of one year from the birth of the offspring, which lien shall be superior to all other liens except the lien for taxes, provided that the owners shall keep their animals enclosed in their own pastures or otherwise. The lien provided for in this Code section shall not become operative unless it is recorded in the office of the clerk of the superior court of the county where the owner of the mother resides within six months after the performance of the service. The clerk shall keep a book in which all such liens are to be recorded and shall receive a fee as required by subparagraph (f)(1)(A) of Code Section 15-6-77 for recording such liens.
Amended in 1999, 2000.
Reviewed by AAHS in August 2001.