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Colorado
Colorado Liens for Services to Horses
NOTE: Colorado has no veterinarian's, farrier's or breeder's
lien. However, the Colorado agistors' lien clearly applies
to residential veterinary or breeding services.
COLORADO STATUTES
TITLE 38. PROPERTY--REAL AND PERSONAL LIENS
ARTICLE 20. LIEN ON PERSONAL PROPERTY
PART 1. PROCEDURES
§ 38-20-101. DefinitionsAs used in this article, unless the context otherwise requires:
(1) "Customer" means any person who:
(a) Hires a molder to fabricate, cast, or otherwise prepare
a die, tool, mold, form, or pattern for the purpose of manufacturing,
assembling, casting, fabricating, or otherwise making a
product; or
(b) Provides a molder with a die, tool, mold, form, or pattern
for the purpose of manufacturing, assembling, casting, fabricating,
or otherwise making a product.
(2) "Mold" means a die, tool, mold, form, or
pattern.
(3) "Molder" means any person who fabricates,
casts, or otherwise prepares or uses a die, tool, mold,
form, or pattern for the purpose of manufacturing, assembling,
casting, fabricating, or otherwise preparing a product.
"Molder" includes, but is not limited to, a tool
or die maker. A molder shall not be deemed to be a warehouseman
as defined in section 4-7-102, C.R.S.
(4) "Rent temporary shelter" or "rent temporary
trailer space" means shelter or trailer space that
is rented for a fee for a period of time not exceeding one
month, but excluding month to month tenancies that have
been in effect at least four months.
Colorado Liens for Care of Horses
§ 38-20-102. Lien of agistor and landlord
(1)(a) Any ranchman, farmer, feeder, agistor, herder of
cattle, livery stable keeper, veterinarian, or other person
to whom horses, mules, asses, cattle, sheep, hogs, dogs,
cats, or other domestic animals are entrusted for the purpose
of feeding, herding, pasturing, keeping, ranching, boarding,
or medical care shall have a lien, which shall be superior
to all other liens, upon such horses, mules, asses, cattle,
sheep, hogs, dogs, cats, or other domestic animals for the
amount that may be due for such feeding, herding, pasturing,
keeping, ranching, boarding, or medical care and for all
costs incurred in enforcing such lien. The provisions of
this subsection
(1) shall not apply to stolen livestock.
(b) If the agistor or feeder complies with the provisions
of section 38-20-103 and the domestic animals referred to
in paragraph (a) of this subsection (1) are sold, exchanged,
or otherwise disposed of to another for slaughter or packinghouse
purposes from the premises of the lienholder by anyone other
than the lienholder acting on his own behalf, the lien created
by this subsection (1) shall continue and attach to the
proceeds received or receivable therefrom. This lien shall
also be superior to all other liens.
(2) The keeper of any hotel, motel, inn, or boardinghouse
or any other person who rents temporary shelter to transient
guests shall have a lien upon the personal property of such
transient guests found upon the premises for the amount
that may be due for lodging and boarding services rendered
and for all costs incurred in enforcing such lien, and such
liens shall apply to the personal property of transient
guests who rent temporary trailer space in any trailer court
or auto court in this state. The provisions of this section
shall not apply to motor vehicles owned by such transient
guests parked on the premises of such hotel, motel, inn,
or boardinghouse or to stolen property.
(3)(a) Any person who rents furnished or unfurnished rooms
or apartments for the housekeeping purposes of his tenants,
as well as the keeper of a trailer court who rents trailer
space, shall have a lien upon the tenant's personal property
that is then on or in the rental premises. The value of
the lien shall be for the amount of unpaid board, lodging,
or rent, and for reasonable costs incurred in enforcing
the lien, not including attorney fees. The lien shall be
upon the household furniture, goods, appliances, and other
personal property of the tenant and members of his household
then being upon the rental premises, but exclusive of small
kitchen appliances, cooking utensils, beds, bedding, necessary
wearing apparel, personal or business records and documents,
and the personal effects of the tenant and the members of
his household.
(b) In the event the tenant has vacated the premises, the
landlord shall allow the tenant and members of his household
access to the premises at any reasonable time and in a reasonable
manner to remove any property not covered by the lien.
(c) In the event the tenant has not vacated the premises,
the landlord or his agent may enter upon the premises at
any reasonable time for the purpose of asserting the lien
and, in a reasonable manner and peaceably, the landlord
may assert dominion over the personal property covered by
the lien. Assertion of the lien provided in this section
in a manner which substantially interferes with the tenant's
right to reasonably occupy and enjoy the premises is unlawful
and shall cause forfeiture of the lien and shall give rise
to an action for damages.
§ 38-20-103. Agistor's contract to be filed
All contracts, or copies thereof, made by the owner of any
animals, such as sheep, bovine cattle, horses, or any other
kind, with any other person, including a feeder, for the
herding or caring for the same for pay, or on shares, or
in any other manner may be filed with the county clerk and
recorder of the county where the owners or either of them
reside, if they reside in the state, and, if the owners
or either of them do not reside in the state, the copies
may be filed with the county clerk and recorder of the county
in which the contract was made. When such copies are so
filed they shall be notice to everyone of the contents of
such contracts and of the legal effect thereof.
PART 2. AGISTOR'S LIEN ACT
§ 38-20-202. Definitions
As used in this part 2, unless the context otherwise requires:
(1) "Abandoned" means having forsaken entirely
or neglected or refused to pay for feeding, herding, pasturing,
keeping, ranching, boarding, or medical care for any livestock
held by an agistor, its owner, or an owner's agent.
(2) "Agent" means any person who contracts for
the feeding, herding, pasturing, keeping, ranching, or boarding
of livestock or the provision of medical care for livestock.
(3) "Agistor" means any rancher, farmer, feeder,
herder of cattle, livery stable keeper, veterinarian, or
other person to whom livestock are entrusted by the owner
for feeding, herding, pasturing, keeping, ranching, or boarding,
or providing medical care.
(4) "Board" means the state board of stock inspection
commissioners, created in section 35-41-101, C.R.S.
(5) "Continuing payment" means charges that are
due and owing to an agistor and do not have a definite termination
date.
(6) "Livestock" means horses, mules, asses, cattle,
sheep, hogs, and alternative livestock as defined in section
35-41.5-102(1), C.R.S.
(7) "Public livestock market" means a public livestock
market licensed pursuant to article 55 of title 35, C.R.S.
§ 38-20-203. Agistor's lien
(1) An agistor shall have a lien upon the livestock entrusted
to its care for any amount that may be due for feeding,
herding, pasturing, keeping, ranching, or boarding such
livestock, for medical care provided to such livestock,
and for all costs incurred in enforcing such lien, including
attorney fees. The provisions of this section shall not
apply to stolen livestock.
(2) An agistor's lien shall be effective for the entire
period during which the livestock are held by the agistor,
and if the livestock referenced in subsection (1) of this
section are sold, exchanged, or otherwise disposed of from
the premises of the lienor by anyone other than the lienor
acting on his or her own behalf or the lienor's agent, the
lien created by this section shall continue and shall attach
to the proceeds received or receivable from such disposition.
To the extent an agistor's lien remains effective, such
lien shall be superior to all other liens.
§ 38-20-204. Agistor's lien--filing requirement
An agistor's lien created pursuant to this part 2 shall
be filed with the secretary of state or the county clerk
where the livestock are located. The filing of an agistor's
lien shall constitute notice of the contents and legal effect
of the lien.
§ 38-20-205. Foreclosure
(1)(a) If any charges for which a lien has been filed pursuant
to section 38- 20-204 are not paid not more than thirty
days after the date such charges are due, the lienor or
the lienor's assignee may file a foreclosure action in the
county or district court of the county or city and county
in which:
(I) The contract between the lienor and the owner of the
livestock was entered into;
(II) The owner resided at the time the foreclosure action
commenced; or
(III) The livestock are located.
(b) For purposes of this subsection
(1), if the contract
between the owner and the lienor provides for continuing
payments, such payments may be deemed to be due after the
default of any installment or payment, at the option of
the lienor.
(2) If a lienor sells or otherwise disposes of an owner's
livestock without substantially complying with this article,
such owner may recover from the lienor the value of the
livestock less the lienor's cost of caring for such livestock,
but in no event less than one hundred dollars.
(3) Nothing in this article shall require a lienor to commence
a judicial action to foreclose on an agistor's lien if the
livestock is abandoned, as defined in section 38-20-207.
(4) With respect to any foreclosure action brought under
this article, a copy of the complaint shall be provided
to the board before it may be filed with a court. The failure
to provide such copy is not jurisdictional but shall be
required by a court. The complaint shall show:
(a) That the lienor performed a service for the livestock
owner, entitling the lienor to a lien on the owner's livestock
pursuant to section 38-20-203;
(b) That the service described in paragraph (a) of this
subsection (4) was performed at the written or verbal request
of the owner or owner's agent;
(c) A description of the livestock, including the age, color,
sex, markings, scars, brands, earmarks, a statement of the
lien's actual value, and, if known, the registration number
upon which the lien is claimed. A livestock group of twenty
or more may be identified by common and accepted industry
practice.
(d) That a notice of demand has been provided to the owner
or the owner's agent by certified mail at their last-known
address, or if not known, that personal notice was provided
pursuant to section 38-20-206(1)(a);
(e) An itemized list of the fair market value of the charges
that are due and unpaid under the lien; and
(f) That a copy of the complaint has been provided to the
board.
(5)(a) A court shall examine any complaint filed pursuant
to this article without delay. If satisfactory, the court
shall order the owner to show cause why the livestock should
not be sold pursuant to the procedures in this article,
which order shall include the date and time for a hearing.
Such hearing shall be held not more than ten working days
after the date of the issuance of the order.
(b) The court order set forth in paragraph (a) of this subsection
(5) shall be served on the owner at least five days before
the hearing date and shall inform such owner of:
(I) His or her right to appear and present testimony at
the hearing;
(II) The fact that his or her failure to appear at the hearing
may result in the entry of a judgment by default for the
lien charges described in the complaint, the costs provided
in this part 2, attorney's fees, and any other relief to
which the plaintiff is entitled.
(6) If either party requests that the hearing date be delayed
more than five days, the court, in its discretion and upon
good cause shown, may require the requesting party to post
bond. The bond amount shall be sufficient to pay the opposing
party such amount as he or she may be entitled because of
the delay. The bond shall be secured by two or more sureties,
one corporate surety authorized to do business in this state,
or a cash or property bond, whichever the court may approve.
§ 38-20-206. Sale of livestock--procedure
(1) A lienor who receives a judgment on an agistor's lien
may proceed to sell such livestock necessary to satisfy
the lien. The sale shall take place not more than forty-five
days after entry of judgment at the nearest public livestock
market in this state. In addition:
(a) The lienor shall provide notice to the owner at least
fifteen days before any sale. The notice shall include the
time and place of the sale and a description of the livestock
to be sold. Such notice shall be served by:
(I) Publication in one newspaper published in the county
of the lienor's residence; or
(II) Posting in three public places within the county of
the lienor's residence and delivering a copy to the owner
or the owner's agent. If a copy is to be delivered to the
owner's agent and such agent does not reside in the county
of the lienor's residence, a copy of the notice shall be
published in a newspaper published in the county of the
agent's residence, or, if no newspaper is published in such
county, a copy shall be mailed to such agent's place of
residence.
(b) The purchaser shall receive a transfer of the registration
papers for the purchased livestock by the public livestock
market and the pertinent organization or registry.
(c) The public livestock market shall:
(I) Pay to the agistor from the sale proceeds the reasonable
cost of the foreclosure, notice, sale, and the reasonable
and necessary charges incurred by the agistor for preserving,
maintaining, feeding, boarding, pasturing, caring, and keeping
the livestock up to the date of the sale. The reasonable
cost of keeping the livestock up to the date of the sale
shall not exceed five dollars per head per day.
(II) Forward the remainder of the sale proceeds and render
any unsold livestock to the court for distribution to the
owner or the owner's agent. If the owner and the owner's
agent are not known and there are sale proceeds to be forwarded,
such proceeds shall be returned to the board. The board
shall deposit such proceeds in its estray fund and make
a record of such deposit, identifying the livestock and
stating the amount realized from the sale. The board shall
pay proceeds from the estray fund to any secured party that
has filed a lien against the livestock sold and has submitted
a claim for payment to the board. Such payments shall be
made only to the extent of the amount owed to the secured
party. Such record shall be open to public inspection.
(2)(a) When livestock are in danger of serious and immediate
decay or waste, or are likely to rapidly depreciate in value
pending foreclosure proceedings, or where the keeping of
such livestock will be attended with great expense, the
lienor may, upon providing such notice as the court may
require, apply to the court for an immediate sale. The court,
in its discretion, may order that the livestock be sold
and that the sale proceeds be deposited with the clerk of
the court pending further order of such court.
(b) Upon receiving an application pursuant to paragraph
(a) of this subsection (2), a court may, upon good cause
shown, require the lienor to post bond for such amount as
the defendant may be entitled for damages sustained in the
event of wrongful foreclosure. Such bond shall be secured
by two or more sureties, one corporate surety authorized
to do business in this state, or a cash bond, whichever
is approved by the court.
(3) The lienor may purchase the livestock and may bid all
or any portion of the fair market value of the lien.
(4) When the livestock cannot be sold in one day, the sale
may be continued on a day-to-day basis. Upon completion
of the sale, the public livestock market shall file a bill
of sale with the court that entered judgment of foreclosure.
Such bill of sale shall include the amount for which each
animal was sold and the name of each purchaser. The court
shall record such bill of sale in its docket and shall preserve
the original.
§ 38-20-207. Abandoned livestock--notice--disposition
(1) Livestock shall be presumed abandoned if:
(a) The owner or owner's agent has failed to contact the
lienor within ten days after service of notice under section
38-20-206;
(b) The lienor, in good faith, has no reasonable grounds
to believe that the owner does not intend to abandon the
livestock; and
(c) The agistor has sent written notice of abandonment pursuant
to the publication procedures in this article.
(2) The board shall care for and dispose of any abandoned
livestock pursuant to section 35-44-112, C.R.S.
(3) After paying all expenses incurred, the board shall
pay the agistor for the cost of herding or caring for such
livestock, not to exceed the fair market value of the actual
cost of such herding or caring or five hundred dollars per
head, whichever is less.
(4)(a) Any surplus funds forwarded to the state board of
stock inspection commissioners shall be deposited in the
estray fund of said board in the manner described in section
38-20-206.
(b) If the owner of livestock presumed to be abandoned is
found within three years after the date of the sale of such
livestock, the net amount received from the sale shall be
paid to the owner, less the following amounts, upon said
owner proving ownership to the satisfaction of the board:
(I) A sum determined by the board, not to exceed ten dollars
for each abandoned animal, to be retained by the state board
of stock inspection commissioners;
(II) The amount of any judgment awarded the lienor; and
(III) Any amounts owed to a secured party that has filed
a lien against the livestock presumed to be abandoned and
submitted a claim to the board.
(c) A current livestock inspection certificate shall be
prima facie evidence of ownership.
§ 38-20-208. Lien no bar
Nothing in this article shall prohibit a lienor, after the
sale of livestock pursuant to this article, from pursuing
further action to fully satisfy a judgment on an agistor's
lien.
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