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Arkansas
Arkansas Liens for Services to Horses
NOTE: No specific liens were found for veterinarians or breeders;
the following specific lien was found for farriers. The Arkansas
agister's lien is broad enough to cover boarding fees for
residential veterinary or breeding services.
I. Farrier's Lien
ARKANSAS CODE
TITLE 18. PROPERTY
SUBTITLE 4. MORTGAGES AND LIENS
CHAPTER 45. ARTISAN'S AND REPAIRMEN'S LIENS
SUBCHAPTER 2. BLACKSMITHS, VEHICLE REPAIRMEN, ETC.
18-45-201 Right to absolute lien.
All blacksmiths, horseshoers, wheelwrights, automobile repairmen,
airplane repairmen, machine shops, farm implement repairmen,
automotive storagemen, firms, and corporations who perform,
or have performed, work or labor for any person, firm, or
corporation; who have furnished any materials or parts for
the repair of any vehicle or farm implement, including tires
and all other motor accessories and bodies for automobiles,
trucks, tractors, airplanes, and all other motor propelling
conveyances; or who store on their premises any automobile,
truck, tractor, airplane, or other automotive vehicle, if
unpaid, shall have an absolute lien upon the product or
object of their labor, repair, or storage and upon all wagons,
carriages, automobiles, trucks, tractors, airplanes, farm
implements, and other articles repaired or stored and all
horses or other animals shod by them, for the sums of money
due for their work, labor, storage, and for materials furnished
by them and used in the product, the shoeing and repairing,
including the furnishing of tires and all other accessories
and bodies for automobiles, trucks, tractors, airplanes,
and all other motor-propelled vehicles.
18-45-202 Priority of lien.
(a) The lien provided for in this subchapter shall take
precedence over, and be superior to, any mortgage or other
obligation attaching against the property in all cases where
the holder of the mortgage or other obligation shall permit
the property to remain in the possession of and be used
by the person owing and bound for the amount thereof.
(b) The lien provided for in this subchapter shall be subject
to the perfected lien of a financial institution or vendor
of automobiles, trucks, tractors, and all other motor-propelled
conveyances for any claim for balance of purchase money
due thereon.
(c) The lien shall not take precedence over a bona fide
purchaser for value of any automobile, truck, tractor, and
other motor-propelled conveyances without either actual
or constructive notice.
18-45-203 Right of sale.
Any person, firm, or corporation having a lien under the
provisions of this subchapter and retaining possession of
the wagon, carriage, automobile, truck, tractor, airplane,
motor-propelled conveyance, or other article repaired, or
on horses or other animals shod by them, by virtue of the
lien thereon for labor or materials, shall have the right
to sell those items for the satisfaction of the debt for
which the property is held.
18-45-204 Procedure for sale of property possessed by lienholder.
(a) The sale shall not take place until the expiration of
thirty (30) days from the time the work is completed. If
the debt is not paid at the end of that time, it shall be
the duty of the lienholder, not less than ten (10) days
before making the sale, to post up written notice of the
proposed sale at or near the front door of his place of
business and at least five (5) other of the most public
places in the township. This written notice of the proposed
sale shall specify the property to be sold, the name of
the owner or debtor, and the time and place of sale, and
the notice shall be signed by the lienholder.
(b) At the sale, which shall be at public auction for cash
to the highest and best bidder, the lienholder shall have
the right to bid not less than the amount of his debt. In
case the property sells for more than the amount of the
debt, he shall pay over the surplus on demand to the person
entitled thereto after deducting the amount of his debt
and the actual cost of the sale.
(c) It shall be the duty of the lienholder, besides giving
notice as required in subsection (a) of this section, to
make demand for the debt before making the sale by registered
letter addressed to the last known residence or post office
address of the debtor.
(d) In his dealings with the property held by him, the lienholder
shall act in good faith with the debtor and shall be responsible
for any abuse of the power and authority vested in him by
the provisions of this subchapter.
(e) The provisions of 27-50-1101 shall govern sales of
vehicles subject ot the registration laws of this state.
18-45-205 Filing of notice and bond required.
(a) The lienholder shall file, with one of the justices
of the peace in the township where his place of business
is located, a notice similar to the ones required in §
18-45-204 to be posted. The justice shall note upon the
notice the amount of a bond for the protection of the debtor
or property owner in the event the lienholder is not entitled
to the lien and for the payment of any damages if the sale
is wrongfully made.
(b) The lienholder shall file a bond so conditioned and
in such sum with the justice of the peace, and the surety
thereon shall be approved by the justice of the peace before
making the sale provided for in this subchapter.
18-45-206 Filing of lien where lienholder parts with possession.
(a) If the lienholder has voluntarily parted with possession
of any property upon which he has a lien under the provisions
of this subchapter, he may still avail himself of the lien
within one hundred twenty (120) days after the work or labor
is done or performed, or materials furnished. This may be
done by filing with the clerk of the circuit court of the
county in which the debtor resides, or, if the debtor is
a nonresident of this state, then with the clerk of the
circuit court of the county in which the property is located
at the time of the filing, a just and true itemized account
for the demand due, after allowing all credits, containing
a description of the property to be charged with the lien
and verified by the affidavit of the lienholder.
(b) The time set out in this section for filing liens shall
apply only to motor-propelled vehicles and shall not affect
the time for filing liens in other cases as now provided
by law.
(c) The clerk of the circuit court shall file the account
and make an abstract of it in the book of minutes of mortgages
and deeds of trust of personal property, for which he shall
charge a fee of twenty-five cents (25 cents ), to be paid
by the person filing the account.
18-45-207 Suits to enforce liens -- Attachment.
(a) Liens accruing under this subchapter may be enforced
at any time within eighteen (18) months after the accounts
are filed, by suits in the chancery courts of the county,
in the municipal courts of the counties having such courts,
or by justices of the peace of the township in which the
action would accrue in counties having no municipal courts.
The cause shall proceed to judgment and final disposition
as other matters of equitable cognizance and jurisdiction.
(b) If the lienholder has parted with possession of any
property upon which he claims a lien under the provisions
of
§ 18-45-201, he may, at the time of institution
of his suit, have a specific attachment of the property
upon which he claims the lien by praying for it in his complaint
and by providing bond in the manner and amount as otherwise
provided by law for attachment. The establishment of a valid
lien at the hearing of the cause shall be grounds for sustaining
the attachment.
Arkansas Liens for Care of Horses
II. Agister's Lien
TITLE 18. PROPERTY
SUBTITLE 4. MORTGAGES AND LIENS
CHAPTER 48. MISCELLANEOUS LIENS ON PERSONAL PROPERTY
SUBCHAPTER 1. ANIMALS GENERALLY
18-48-101 Lien of livery stable keepers.
(a) All keepers of livery, sale, or feed stables, or wagonyards
shall have a lien on all horses, mules, or other stock or
property left in their charge to be kept, fed, sold, or
otherwise cared for and sheltered for all their reasonable
costs and charges for feeding, keeping, and otherwise taking
care of them.
(b) For this lien, stable or wagonyard keepers are authorized
to keep possession of any of the aforementioned property
until such reasonable charges are paid or tendered to them
or their agents by the owner of the property or his or her
agents.
(c) In case any such property shall be left with a stable
or wagonyard keeper, and not be called for by the owner
thereof, and the charges and costs paid thereon to the keeper
before the charges and costs shall amount to the value thereof,
and the cost of selling the property as provided in §
18-48-102, it shall be lawful for the stable or wagonyard
keeper to sell the property in the manner prescribed in
§ 18-48-102.
18-48-102 Sale of property on behalf of livery stable keeper.
(a) Whenever any person shall leave or deposit with any
keeper of a livery, sale, or feed stable or wagonyard any
horses, mules, or other stock or property and shall neglect
or refuse to call for them and pay the reasonable charges
and costs thereon to the keeper of the stable or yard before
the charges and costs shall amount to the value of the property
at public sale, the stable or wagonyard keeper may, and
it shall be lawful for him to, have the property sold at
public sale. He must first give the owner thirty (30) days'
actual or constructive notice of the sale, specifying the
day, the hour thereof, and place of the sale. Notice shall
be published in any newspaper published in the county in
which the stable or yard may be situated in which legal
notices are authorized to be published.
(b) Out of the proceeds of the sale there shall be paid:
(1) The costs and expenses of the sale;
(2) The amount due the stable or yard keeper for keeping
and feeding the stock; and
(3) The balance, if any, to be held by the keeper for the
use and subject to the order of the owner of the property
so sold.
(c) All sales of property under this subchapter shall be
made by a public and licensed auctioneer if there is one
in the town or city where the sale is made and, if none,
then by a constable of the township in which the stable
or yard is situated.
SUBCHAPTER 2. ANIMALS -- FEEDING AND CARE OF LIVESTOCK
18-48-201 Definitions.
As used in this subchapter, unless the context otherwise
requires:
(1) "Person" means any individual, firm, or corporation,
including copartnerships, trusts, associations, and similar
legal entities, and duly authorized agents of such person;
(2) "Lienholder" means any person who holds a
lien upon livestock by virtue of a valid conditional sale
contract, chattel mortgage, or other encumbrance;
(3) "Livestock" means any horses, mules, cattle,
sheep, or hogs, and their increase, but shall not be limited
solely to those animals specifically named;
(4) "Owner" means any person who has title to
livestock, either legal or equitable;
(5) "Written contracts" means any original impression
or copies duly signed by the owners and the person tending
or agreeing to tend the livestock. No acknowledgment is
required in order for written contracts or for written notice
or written protest to be subject to being filed in the clerk's
office under the provisions of this subchapter;
(6) "Circuit clerk" means the office in the county
where records of deeds and mortgages are kept. In counties
with more than one (1) county seat, it means the office
where records of deeds are filed relating to the larger
portion of the land where the livestock is kept.
18-48-202 Stolen livestock exempted.
The lien provided under this subchapter shall not apply
to any stolen livestock.
18-48-203 Filing of written contracts for tending of livestock.
(a) All written contracts or copies of them, duly certified
by a notary public as true and correct, shall be filed in
the office of the circuit clerk of the county where the
owners, or either of them, reside, if they reside in Arkansas,
and also in the office of the circuit clerk of the county
where the livestock is being fed, herded, pastured, kept,
or ranched. If none of the owners reside in Arkansas, the
written contract of owners, or copy of it as previously
described, shall be filed in the office of the circuit clerk
or, if there is no circuit clerk, in the office of the registrar
of deeds in the county where the owners, or either of them,
reside.
(b) The fee to the clerk for filing shall be fifty cents
(50 cents ).
(c) The clerk shall list the liens in a separate book kept
for "Agistor Liens." It is not necessary for the
clerk to record these contracts, but the clerk will retain
them in his office.
(d) The lien shall be effective only when these provisions
have been complied with and from the date when the last
contract is filed.
18-48-204 Recording, etc., of liens by third parties.
(a) Holders of conditional sale contracts shall not be required
to record their contracts.
(b) Holders of chattel mortgages and other claimants of
liens upon livestock must comply with laws relating to recording,
filing, and otherwise required as notice to bona fide third
parties before they are entitled to receive the notices
mentioned in § 18-48-211 relating to lienholders.
18-48-205 Priority of liens.
(a) The lien provided in this subchapter shall be first
and prior to that of any conditional sale contract, recorded
or filed chattel mortgage, or other encumbrance that is
executed after March 27, 1957, if the person feeding, herding,
pasturing, keeping, or ranching the livestock complies with
the provisions of § 18-48-203 and if the person also
notifies the holder of the conditional sale contract, recorded
or filed chattel mortgage, or other encumbrance about the
existence of the written contract by the sheriff serving
a written notice upon the lienholder, or by mailing a written
notice to the lienholder by registered or certified mail,
return receipt requested, that this person has entered into
a written contract with the owners of the livestock to feed,
herd, pasture, keep, or ranch them. This written notice
shall advise the lienholder briefly of the substance of
the written contract and that a lien is claimed under this
subchapter.
(b) The conditional sale vendor, mortgagee, or other lienholder
of the livestock, if his lien is prior in time to that of
the lien claimed under this section, may retain priority,
either by having the sheriff serve a written protest upon
the person claiming the lien under this subchapter, by mailing
to the person a written protest by registered or certified
mail, return receipt requested, or by filing the written
protest in the office of the circuit clerk of the county
where it is proposed that the livestock will be fed, herded,
pastured, kept, or ranched. This written protest must be
delivered to the person, mailed to the person, or filed
in the clerk's office within a period of fifteen (15) days
from the date that the lienholder received notice of the
existence of the contract. Otherwise, the lien provided
for in this subchapter shall have full and complete priority
over the lien claimed by the holder of the conditional sale
contract, recorded or filed chattel mortgage, or other encumbrance.
(c) The circuit clerk shall be entitled to fifty cents (50
cents ) for filing this written protest, and it shall be
a legal debt of the person claiming the lien under this
section even though the fifty cents (50 cents ) is paid
in the first instance by the conditional sale vendor, mortgagee,
or other holder of encumbrance.
(d) The holder of the conditional sale contract, chattel
mortgage, or other encumbrance will not be bound by any
extensions of time as provided for in the original contract,
or for any other modifications of the contract, unless the
lienholder consents in writing to it.
18-48-206 Lien of livestock tender -- Amount.
Any person to whom horses, mules, cattle, sheep, hogs, or
other livestock shall be entrusted by their owners or their
agent for the purpose of feeding, herding, pasturing, keeping,
or ranching shall have a lien upon the horses, mules, cattle,
sheep, hogs, or other livestock for the amount that may
be due for feeding, herding, pasturing, keeping, or ranching,
and for all costs incurred in enforcing the lien, including
a reasonable sum for attorney's fees. The amount that may
be due shall either be the specific sum or the share of
the livestock set by written contract or, if no specific
sum or share is agreed upon, a reasonable sum for the services.
18-48-207 Possession of livestock by tender.
When the lien becomes effective, the person tending livestock
shall be entitled to retain possession of the livestock
until payment in full has been made for the feeding, herding,
pasturing, keeping, or ranching.
18-48-208 Delivery of animals as waiver of lien -- Exception.
The voluntary delivery to the owners or lienholders of all
livestock tended by a person tending them under this subchapter
shall be held to waive or abandon the lien. However, the
holder of the lien under this subchapter may allow the owners
of the livestock, or lienholders, to transport them to market
for sale in the joint names of the holder of the lien and
of the owners of the livestock, or of the lienholders, and
in that event the lien provided in this subchapter shall
not be waived or abandoned.
18-48-209 Time for enforcement of lien.
If the owners fail to pay the fixed charges provided for
in the written contract, or otherwise breach their agreement,
the person who has custody of the livestock may proceed
to enforce his lien under this subchapter at any time after
ten (10) days from the date when the payment became delinquent
or when the contract was breached, but at no time later
than one (1) year from the date of delinquency or of breach
of contract.
18-48-210 Methods of enforcement.
The lien may be enforced either by public sale as provided
in §18-48-211 and §18-48-212 or by suit filed
in either the circuit court or chancery court of the county
wherein the livestock on which the lien is attached is located,
without regard as to the amount in controversy.
18-48-211 Notice required prior to public sale -- Affidavit
-- Waiver of notices.
(a) Before any livestock shall be sold at public sale, without
court action, if the names and addresses of the owners and
if the name and address of the conditional sales vendor,
mortgagor, or other prior lienholder are known, at least
twenty (20) days' notice of the sale shall be given them
in writing, either by the sheriff serving the notice upon
the owner and the lienholder or by registered or certified
mail, return receipt requested.
(b) In addition, a notice of the time and place of sale,
containing a general description of the livestock, shall
be published at least once a week for a space of two (2)
weeks consecutively, in a newspaper of general circulation,
if there is one published in the county where the livestock
is kept and where the sale shall take place. If no newspaper
is published in that county, five (5) handbills containing
the same information shall be posted in at least five (5)
public places in the township, the town, or the city where
the sale shall take place.
(c) It shall be the duty of the person claiming the lien
under this subchapter to cause the notices to be served,
mailed, and published.
(d) Copies of the notice required by this section and proof
of the publication or the posting of it, and an affidavit
of the person causing the livestock to be sold to enforce
his lien shall be filed and kept in the circuit clerk's
office of the county where the sale takes place. Copies
of it shall be received in evidence in all courts, if certified
by the clerk.
(e) Owners or lienholders may waive any and all notices
required under this section, if the waivers are in writing.
These written waivers shall be effective only from the time
they are filed in the clerk's office.
18-48-212 Sale and disposition of proceeds.
(a) All sales under this subchapter shall be at public auction
for cash.
(b) The proceeds of the sale, after payment of the charges
for the feeding, herding, pasturing, keeping, or ranching
of the livestock, from the date when the lien became effective
under § 18-48-203 until the date of the sale, and all
the expenses of the sale, including costs of publication,
attorney fees, and costs of public auctioneer, if any, shall,
if the owners are absent or unknown, be deposited with the
treasurer of the county where the sale takes place by the
person making the sale. These net proceeds shall be paid
to the persons entitled to them when they properly establish
ownership in, or lien upon, the livestock, either by claim
of title or by claim of valid lien.
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