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Georgia
Georgia Liens for Service to Horses and Care of Horses
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.
I. Veterinarian's Lien
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.
II. Breeder's Lien
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.
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