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Minnesota
Minnesota Liens for Services to Horses and the Care of Horses
NOTE: Minnesota has three veterinarian's liens and a farrier's
lien. It has no breeder's lien.
I. Veterinarian's Liens
MINNESOTA STATUTES
PROPERTY INTERESTS AND LIENS
CHAPTER 514. LIENS; LABOR, MATERIAL VETERINARIANS
514.92. Veterinarian's lien
Subdivision 1. ATTACHMENT. A licensed veterinarian who performs
emergency veterinary services that cost more than $25 for
animals at the request of the owner or a person in possession
of the animals has a lien on the animals for the value of
the services. Emergency veterinary services include surgical
procedures, administering vaccines, antisera, and antibiotics,
and other veterinary medicines, and services that are performed
primarily to protect human health, to prevent the spread of
animal diseases, or to preserve the health of the animal or
animals treated.
Subd. 1a. FILING AND PERFECTING LIEN. The veterinarian must
file a lien statement in the appropriate filing office for
a financing statement covering the animals to be filed under
section 336.9-401 by 180 days after the last item of the veterinary
service is performed. A lien does not include any veterinary
services performed more than one year before the date on which
the last item of the veterinary service is performed. The
lien is perfected by properly filing the lien statement. Notwithstanding
section 336.9-402, there is no requirement in filing to give
the social security number or the internal revenue service
taxpayer identification number of the debtor.
Subd. 2. LIEN STATEMENT. (a) A lien statement must be verified
and state:
(1) the name of the owner, or reputed owner, of the animals;
(2) the name of the person for whom the veterinary services
were performed;
(3) the kind, number, and reasonable identification of animals
treated;
(4) the dates when the veterinary services were begun and
finished;
(5) the fraction of veterinary services performed that were
primarily to protect human health, to prevent the spread of
animal diseases, or to preserve the health of the animal or
animals treated;
(6) the reasonable value of the veterinary services rendered,
or the price contracted between the parties; and
(7) the name and address of the veterinarian claiming the
lien.
(b) The provisions of section 514.74 relating to inaccuracies
in lien statements apply to lien statements under this subdivision.
Subd. 3. ENFORCEMENT OF LIEN. An action to enforce a perfected
lien under this section must be started by one year after
the date the last item of the veterinary service was performed.
A perfected lien may be enforced in the manner prescribed
for security interests under sections 336.9-501 to 336.9-
508.
Subd. 4. PRIORITY OF LIEN. (a) A perfected veterinarian's
lien under this section has priority over other liens and
security interests on the same animals to the extent the veterinary
services were performed primarily to protect human health,
to prevent the spread of animal diseases, or to preservethe
health of the animal or animals treated.
(b) A veterinarian's lien has priority over a security interest
perfected before the veterinarian's lien only if the security
interest is perfected after March 22, 1986.
(c) The priority among veterinarian's liens filed under this
section is according to the first lien filed.
Subd. 5. TERMINATION. (a) A veterinarian's lien under this
section terminates:
(1) 180 days after the last item of the veterinarian's services
was performed if a proper lien statement is not filed; or
(2) one year after the lien is filed if an action to enforce
the lien has not been started.
(b) A filing officer may remove and destroy terminated lien
statements in the same manner as provided for a financing
statement under section 336.9-410.
PROPERTY INTERESTS AND LIENS
CHAPTER 514. LIENS; LABOR, MATERIAL VETERINARIANS
514.93. Summary sale of unclaimed animals; time of sale; notice;
disposition of proceeds; record of sale
Any unclaimed animal held by a veterinarian for more than
ten days after the completion of veterinary care and treatment
requested by the owner or lawful possessor of said animal
may be summarily sold by the veterinarian for the reasonable
value of said animal upon compliance with the procedures set
forth in this section. Written notice of the completion of
care and treatment and written notice of the proposed sale
of said animal shall be given to the owner or lawful possessor
of said animal by certified mail. If the whereabouts of the
owner or lawful possessor of the animal cannot be ascertained
with reasonable diligence, a notice of the proposed sale shall
be published in a legal newspaper circulated in the county
where the animal is located at least ten days preceding the
sale. The notice shall state the amount due and the date,
place and time of sale. The proceeds of such sale shall first
be used to reimburse the veterinarian for an amount equal
to the reasonable value of the veterinary care and treatment
plus any other care and board given said animal; the excess
amount, if any, from such sale shall be paid to the owner
or lawful possessor of said animal or to other persons legally
entitled thereto. Any veterinarian making a sale hereunder
shall make a record in writing verified by the veterinarian's
oath, setting forth the kind and number of animals sold, the
amount realized from any such sale, the amount claimed due
by the veterinarian, the name of the former owner or lawful
possessor requesting the care and treatment performed by the
veterinarian on the animal or animals sold, the dates when
the treatment was commenced and was completed, the date or
dates when notice of the proposed sale was given the owner
or lawful possessor of the animal or animals sold, the description
of the animal or animals sold, and if branded, the brand thereon,
the name and address of the veterinarian making the sale and
the name and address of purchaser or purchasers of the animal
or animals sold. The record so made shall be filed within
five days of the sale in the office of the county recorder
of the county in which such sale is made.
514.94. Rights of detainer, lien and sale of animals
Nothing in sections 514.92 to 514.94 shall in any way alter
or revoke a veterinarian's rights of detainer, lien and sale
of animals under sections 514.18 to 514.22.
PROPERTY INTERESTS AND LIENS
CHAPTER 514. LIENS; LABOR, MATERIAL PERSONALTY IN POSSESSION
514.18. Retaining
Subdivision 1. Mechanics' lien on personal property; property
in possession. Whoever, at the request of the owner or legal
possessor of any personal property, shall store or care
for or contribute in any of the modes mentioned in section
514.19 to its preservation, care, or to the enhancement
of its value, shall have a lien upon such property for the
price or value of such storage, care, or contribution, and
for any legal charges against the same paid by such person
to any other person, and the right to retain possession
of the property until such lien is lawfully discharged.
Subd. 1a. Towed motor vehicles. A person who tows and stores
a motor vehicle at the request of a law enforcement officer
shall have a lien on the motor vehicle for the value of
the storage and towing and the right to retain possession
of the motor vehicle until the lien is lawfully discharged.
This section does not apply to tows authorized in section
169.041, subdivision 4, clause (1).
Subd. 2. Nonpossessory lien; notice. Notwithstanding the
voluntary surrender or other loss of possession of the property
on which the lien is claimed, the person entitled thereto
may preserve the lien upon giving notice of the lien at
any time within 60 days after the surrender or loss of possession,
by filing in the appropriate filing office under the uniform
commercial code, Minnesota Statutes, section 336.9-401 a
verified statement and notice of intention to claim a lien.
The statement shall contain a description of the property
upon which the lien is claimed, the work performed or materials
furnished and the amount due.
Subd. 3. Priority; security; interest; foreclosure. The
lien shall be valid against everyone except a purchaser
or encumbrancer in good faith without notice and for value
whose rights were acquired prior to the filing of the lien
statement and who has filed a statement of interest in the
appropriate filing office. The lien shall be considered
a security interest under the uniform commercial code and
foreclosure thereon shall be in the manner prescribed for
security interests under article 9 of the uniform commercial
code.
Subd. 4. Motor vehicles excluded. Subdivisions 2 and 3 shall
apply to machinery, implements and tools of all kinds but
shall not apply to motor vehicles.
514.19. Right of detainer
A lien and right of detainer exists for:
(1) Transporting property from one place to another but
not as a carrier under article 7 of the Uniform Commercial
Code;
(2) Keeping or storing property as a bailee but not as a
warehouse operator under article 7 of the Uniform Commercial
Code;
(3) Keeping, feeding, pasturing, or otherwise caring for
domestic animals or other beasts, including medical or surgical
treatment and shoeing;
(4) The use and storage of molds and patterns in the possession
of the fabricator belonging to the customer for the balance
due from the customer for fabrication work;
(5) Making, altering or repairing any article, or expending
any labor, skill or material on it.
The liens embrace all lawful charges against the property
paid to any other person by the person claiming the lien,
and the price or value of the care, storage or contribution
and all reasonable disbursements occasioned by the detention
or sale of the property.
514.20. Sale
If any sum secured by such lien be not paid within 90 days
after it becomes due, the lienholder may sell the property
and out of the proceeds of such sale there shall be paid,
first, the disbursements aforesaid; second, all charges
against the property paid by such person to any other person;
and, third, the total indebtedness then secured by the lien.
The remainder, if any, shall be paid on demand to the owner
or other person entitled thereto. If the property subject
to the lien is a motor vehicle registered in this state
and subject to a certificate of title, then the lienholder
must provide written notice, by registered mail, to all
secured creditors listed on the certificate of title 45
days before the lienholder's right to sell the motor vehicle
is considered effective. The notice must state the name,
address, and telephone number of the lienholder, the amount
of money owed, and the rate at which storage charges, if
any, are accruing. Costs for registered mail and other reasonable
costs related to complying with this notice provision constitute
"lawful charges" pursuant to section 514.19. Failure
to comply with the notice provision in this section renders
any lien created by this chapter ineffective against any
secured party listed on the certificate of title of the
motor vehicle involved.
514.21. Sale, when and where made; notice
The sale herein provided for shall be made at public auction
between nine o'clock in the morning and five o'clock in
the afternoon in the county where the property or some part
thereof is situated. A notice stating the time and place
of sale, the amount which will be due on the date of sale
exclusive of the expenses of advertising and sale, and the
grounds of the lien, giving a general description of the
property to be sold, shall be served personally upon the
owner of the property if the owner can be found within the
county in which the property is stored, and if not, then
it shall be mailed to the owner thereof at least three weeks
before the time fixed for such sale if the place of residence
or post office address of such owner is known by, or with
due diligence can be learned by, the person claiming such
lien, and shall be published once in each week for three
successive weeks in a newspaper printed and published in
the county where the property, or some part thereof, is
situated, the last publication of such notice to be at least
one week prior to the date of sale; or, if there is no newspaper
printed and published in the county, then the notice of
sale shall be posted in three of the most public places
in the county at least three weeks before the time of sale.
In case neither the place of residence nor the post office
address of such owner is known to the person claiming such
lien and cannot with reasonable diligence be learned,
the publication or posting of notice, as herein provided, shall
be sufficient to authorize such sale.
514.22. Conduct of sale
The property sold, as herein provided, shall be in view
at the time of the sale. Under the power of sale hereby
given enough of the property may be sold to satisfy the
amount due at the time of sale, including expenses, and
the property, if under cover, may be offered for sale and
sold in the original packages in the form and condition
that the same was received by the lienholder; but, after
sufficient property has been so sold to satisfy the amount
so due, no more shall be sold. The lienholder, the lienholder's
representatives or assigns, may fairly and in good faith
purchase any property sold under the provisions of sections
514.18 to 514.22, provided the sale is conducted by the
sheriff, the sheriff's deputy, or any constable of the county
where such sale is made.
II. Farrier's Lien
PROPERTY INTERESTS AND LIENS
CHAPTER 514. LIENS; LABOR, MATERIAL SHOEING ANIMALS
514.23. Lien upon animal
Every person who shall shoe or cause to be shod by the person's
employees any horse, mule, ox, or other animal shall have
a lien upon the animal shod for the reasonable charge for
the shoeing of the same, and each lien conferred by sections
514.23 to 514.34 shall take precedence of all other claims
or liens thereon, not duly recorded prior to the recording
of the claim of lien, as provided in sections 514.24 to
514.34, but such lien shall not attach where the property
has changed ownership prior to the filing of such lien.
514.24. Statement and notice, when and where filed
Any person desiring to secure the benefit of sections 514.23
to 514.34, shall, within six months after the shoeing of
such horse, mule, ox, or other animal, or in case the person
has shod such animal more than once within that time, then
within six months of the last shoeing, file in the appropriate
filing office under the uniform commercial code, Minnesota
Statutes, section 336.9- 401, a statement made under oath
by the claimant, or someone in the claimant's behalf, and
a notice of intention to claim a lien upon such animal for
the charges for the shoeing of the same.
514.25. Contents of statement
Such statement and notice shall state the name of the person
claiming the lien, the name of the owner or reputed owner
of the animal sought to be charged with the lien, and a
description sufficient for identification of the animal
upon which the lien is claimed, and the amount due the claimant,
as near as may be, over and above all legal offsets.
514.26. Successive liens
Any person may file successive liens upon the same animal
for charges for shoeing the same, and may include in any
one claim of lien the charges for any number of times of
shoeing such animal; provided, that no lien shall be had
for any shoeing of any animal done more than six months
prior to the filing of the notice of lien.
514.27. Duty of filing officer
It shall be the duty of the filing officer, upon the presentation
to the officer of any such statement and notice of lien,
to file the same in the office of the filing officer in
the same manner as provided by law for the filing of financing
statements under the uniform commercial code, [FN1] except
that the social security number of an individual debtor
or the Internal Revenue Service taxpayer identification
number for a debtor other than an individual is not required.
514.28. Certified copy; evidence
A copy of such statement and notice of lien, filed as aforesaid,
certified by the filing officer shall be received in evidence
in any proceeding to enforce the lien provided for in sections
514.23 to 514.34, but only of the fact that such statement
and notice of lien was received and filed according to the
endorsements of the filing officer thereon and of no other
fact.
514.29. Action to enforce; notice
Within six months after the date of filing the lien statement,
the person having a lien shall commence suit for the recovery
of the charges by summons, in the usual form, before the
appropriate court against the person liable for the payment.
Before commencing any action to foreclose it, a lien claimant
shall give the person against whom the claimant proposes
to bring the action at least 20 days' notice in writing
of intention to foreclose it.
514.30. Personal service
If such summons be returned personally served upon the defendant,
the same proceedings shall thereon be had in all respects
as in other suits commenced by summons, in which there is
a personal service of process; and the judgment shall be
rendered in such suit in like manner as judgments are now
rendered in civil actions. 514.31. Defendant not found
If the officer return upon such summons that the defendant
cannot be found in this county, the same proceedings shall
be had in all respects, as near as may be, as in suits commenced
by attachment in which there is not a personal service of
the attachment upon the defendant, and judgment shall be
rendered in such suits in like manner as judgments are now
rendered in such actions.
514.32. Execution and sale
If the plaintiff recover judgment in such suit, execution
shall be issued thereon in the same manner and with like
effect as upon judgments now rendered in suits commenced
by attachment, and the horse, mule, ox, or other animal
upon which the plaintiff holds such lien shall not be exempt
from execution but may be sold to satisfy such execution
in the same manner as if it had been seized and held upon
an attachment in such suit.
514.33. Expenses
All expenses which shall have been incurred by the person
having such lien after the same had accrued shall be an
additional lien upon the property, and shall be computed
and ascertained upon the trial or assessment of damages
and included in the judgment.
514.34. Findings; judgment
In all suits or attachments prosecuted under the provisions
of sections 514.23 to 514.34, the court or jury which tries
it or makes an assessment of damages shall also determine
whether or not the amount due for the cost of shoeing the
animal described in plaintiff's declaration is a lien upon
the animal. If the court or jury finds that the amount due
the plaintiff is not a lien upon the property described
in the plaintiff's declaration, the plaintiff shall be nonsuited,
but shall be entitled to judgment, as in other civil actions
and shall recover or tax only those costs allowed and taxable
in the other case.
514.965. Livestock lien definitions
Subdivision 1. Scope. For the purposes of this section and section 514.966, the terms defined in subdivisions 2 to 11 have the meanings given them.
Subd. 2. Agricultural lien. "Agricultural lien" means an agricultural lien as defined in section 336.9-102(a)(5) and includes a veterinarian's lien, breeder's lien, livestock production input lien, and feeder's lien under this section.
Subd. 3. Agricultural lienholder. "Agricultural lienholder" means a person holding an agricultural lien.
Subd. 4. Emergency veterinary services. "Emergency veterinary services" includes surgical procedures, administering vaccines, antisera, and antibiotics, and other veterinary medicines, treatments, and services performed primarily to protect human health, prevent the spread of animal diseases, or preserve the health of the animal or animals treated.
Subd. 5. Farm products. "Farm products" means farm products as defined in section 336.9-102(a)(34).
Subd. 6. Feed. "Feed" means commercial feeds, feed ingredients, mineral feeds, drugs, animal health products, or customer-formula feeds used for feeding livestock, including commercial feed as defined in section 25.33.
Subd. 7. Lender. "Lender" means a secured party as defined in section 336.9- 102(a)(72) holding a perfected security interest in the farm products of the obligor.
Subd. 8. Livestock production input. "Livestock production input" means feed and labor used in raising livestock.
Subd. 9. Obligor. "Obligor" means an obligor as defined in section 336.9- 102(a)(59).
Subd. 10. Person. "Person" means an individual or an organization as defined in section 336.1-201(30).
Subd. 11. Supplier. "Supplier" means a person furnishing agricultural production inputs.
514.966. Agricultural lien on livestock
Subdivision 1. Veterinarian's lien. A licensed veterinarian performing emergency veterinary services in the ordinary course of business that cost more than $25 for animals at the request of the owner or a person in possession of the animals has a lien on the animals for the value of the services. A lien under this section does not secure any veterinary services performed more than one year before the date on which the last item of the veterinary service is performed. A veterinarian's lien becomes effective upon the services being provided the obligor by the veterinarian.
Subd. 2. Breeder's lien. The owner of any livestock used for breeding services in the ordinary course of business, or any provider, in the ordinary course of business, of semen or ova used in fertilizer, artificial insemination, or any other artificial means of impregnating livestock, has a lien upon the livestock bred and any resulting offspring for the price or value of the service provided. A breeder's lien becomes effective when the services are provided the obligor by the breeder.
Subd. 3. Livestock production input lien.
(a) A supplier furnishing livestock production inputs in the ordinary course of business has a livestock production input lien for the unpaid retail cost of the livestock production input. A perfected livestock production input lien that attaches to livestock may not exceed the amount, if any, that the sales price of the livestock exceeds the greater of the fair market value of the livestock at the time the lien attaches or the acquisition price of the livestock. A livestock production input lien becomes effective when the agricultural production inputs are furnished by the supplier to the purchaser.
(b) A supplier shall notify a lender of a livestock production input lien by providing a lien-notification statement to the lender in an envelope marked "IMPORTANT-LEGAL NOTICE." Delivery of the notice must be made by certified mail or another verifiable method.
(c) The lien-notification statement must be in a form approved by the secretary of state and disclose the following:
(1) the name and business address of the lender that is to receive notification;
(2) the name and address of the supplier claiming the lien;
(3) a description and the date or anticipated date or dates of the transaction and the retail cost or anticipated costs of the livestock production input;
(4) the name, residential address, and signature of the person to whom the livestock production input was furnished;
(5) the name and residential address of the owner of the livestock, the location where the livestock will be raised, and a description of the livestock; and
(6) a statement that products and proceeds of the livestock are covered by the livestock input lien.
(d) Within ten calendar days after receiving a lien-notification statement, the lender must respond to the supplier with either:
(1) a letter of commitment for part or all of the amount in the lien- notification statement; or
(2) a written refusal to issue a letter of commitment. A copy of the response must be mailed to the person for whom the financing was requested.
(e) If a lender responds with a letter of commitment for part or all of the amount in the lien-notification statement, the supplier may not obtain a lien for the amount stated in the letter of commitment. If a lender responds with a refusal to provide a letter of commitment, the rights of the lender and the supplier are not affected.
(f) If a lender does not respond under paragraph (d) to the supplier within ten calendar days after receiving the lien-notification statement, a perfected livestock production input lien corresponding to the lien-notification statement has priority over any security interest of the lender in the same livestock or their proceeds for the lesser of:
(1) the amount stated in the lien-notification statement; or
(2) the unpaid retail cost of the livestock production input identified in the lien-notification statement, subject to any limitation in paragraph (a).
Subd. 4. Feeder's lien.
(a) A person has a feeder's lien on livestock if the person (1) stores, cares for, or contributes to the keeping, feeding, pasturing, or other care of livestock, including medical or surgical treatment and shoeing, and (2) does so in the ordinary course of business, at the request of the owner or legal possessor of the livestock.
(b) A feeder's lien is a lien upon the livestock for the price or value of the storage, care, or contribution, and for any legal charges against the same paid by the person to any other person.
(c) A feeder's lien becomes effective when the services or contributions are provided the obligor.
Subd. 5. Scope. A veterinarian's lien, breeder's lien, livestock production input lien, or feeder's lien attaches to the livestock serviced by the agricultural lienholder, and products and proceeds thereof to the extent of the price or value of the service provided.
Subd. 6. Perfection.
(a) An agricultural lien under this section is perfected if a financing statement is filed pursuant to sections 336.9-501 to 336.9-530 and within the time periods set forth in paragraphs (b) to (e).
(b) A veterinarian's lien must be perfected on or before 180 days after the last item of the veterinary service is performed.
(c) A breeder's lien must be perfected by six months after the last date that breeding services are provided the obligor.
(d) A livestock production input lien must be perfected by six months after the last date that livestock production inputs are furnished the obligor.
(e) A feeder's lien must be perfected on or before 60 days after the last date that feeding services are furnished the obligor.
Subd. 7. Governing law. Except as otherwise provided in this section, an agricultural lien is subject to the provisions of the Uniform Commercial Code - Secured Transactions, sections 336.9-101 to 336.9-709.
Subd. 8. Priority.
(a) Except as provided in paragraph (b), a perfected veterinarian's lien under this section has priority over all competing security interests and all agricultural liens on the same animals.
(b) If more than one veterinarian's lien is perfected under this section, the conflicting perfected veterinarian's liens have priority in order of the effectiveness of the liens.
(c) Except as provided in paragraph (d), a perfected feeder's lien under this section has priority over all competing security interests and all agricultural liens except a perfected veterinarian's lien in the livestock and the products or proceeds thereof.
(d) If more than one feeder's lien is perfected under this section, the conflicting perfected feeder's liens have priority in order of the effectiveness of the liens.
(e) A perfected breeder's lien under this section has priority over all competing security interests and all agricultural liens except a perfected veterinarian's lien and a perfected feeder's lien in the livestock and the products and proceeds thereof.
(f) Except as provided in paragraph (g), a perfected livestock production input lien under this section has priority against all agricultural liens except a perfected veterinarian's lien, feeder's lien, and breeder's lien in the livestock and the products or proceeds thereof.
(g) If more than one livestock production input lien is perfected under this section, conflicting perfected livestock production input liens have priority in order of the effectiveness of the liens.
(h) Except as provided in paragraph (i), a perfected livestock production input lien under this section has priority against all competing security interests as provided in subdivision 3 in livestock and the products and proceeds thereof.
(i) A perfected livestock production input lien has priority over a competing security interest in the livestock and proceeds and products thereof if the livestock production input lien is effective before the secured party has given value to the debtor.
Subd. 9. Default. Default occurs when an obligor fails to perform any obligation, whether written or oral, owed to the agricultural lienholder.
Subd. 10. Enforcement. The holder of an agricultural lien under this section may enforce the lien in the manner provided in sections 336.9-601 to 336.9-628.
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