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Back to State Equine Agister's/Feed Lien Statutes Main Page
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Missouri
Missouri Liens for Service to Horses
NOTE: Missouri has a breeder's lien. It has no veterinarian's
or farrier's lien. However, the agister's lien is broad enough
to cover charges for veterinary care and for farrier services.
I. Breeder's Lien
MISSOURI STATUTES
TITLE XXVII. DEBTOR-CREDITOR RELATIONS
CHAPTER 430. STATUTORY LIENS AGAINST PERSONALTY--PREFERRED
CLAIMS LIENS FOR KEEPING, TRAINING AND BREEDING ANIMALS
430.170. Owner to advertise terms--publication imparts notice
The owner or keeper of any stallion, jack or bull may advertise
the terms upon which he will let any such animal to service,
by publication thereof in some newspaper of the county where
such animal is kept, for sixty days during the season of each
year, or by printed handbills conspicuously posted during
such period, in four or more public places in said county,
including the place where such animal is kept; and the publication
or posting as aforesaid of the terms of such service shall
impart notice thereof to the owner of any female animal served
by such stallion, jack or bull during any such season; and
in all actions and controversies in respect to the foal or
other product of such service, the owner of such female animal
so served shall be deemed to have accepted and assented to
said terms, when so advertised and published or posted as
provided herein.
430.180. Publication or posting terms of service sufficient
notice of lien on offspring
When the terms of the service by the animal, published or
posted as provided in section 430.170, provides that the
foal or other product of the service will be held for the
money due for the service of the stallion, jack or bull,
then and in that event the owner or keeper of the animal
shall have a lien for the sum on the offspring of any female
animal served, for the period of one year after the birth
thereof. The lien shall be preferred to any prior lien,
encumbrance or security agreement whatever; and the publication
or posting as aforesaid of the terms of the service shall
be deemed notice to any third party of the existence of
the lien.
430.200. Giving false pedigree forfeits claim
If any keeper of such stallion, jack or bull shall offer
and advertise to let the service of any such animal, and
shall give a false or fictitious pedigree, knowing the same
to be false, or shall falsely represent said animal to be
recorded or eligible to record in any of the various books
of record kept for recording animals of that breed, he shall
forfeit all claim to the value of the services rendered
by any such animal, and shall not be entitled to the benefits
of any provision of sections 430.150 to 430.220.
430.210. Lienor may proceed by replevin
For the purpose of enforcing such lien upon default in the
payment of the sum secured, the lienor may proceed by replevin
in any court of competent jurisdiction and possess himself
of the encumbered property, and hold the same subject to
such judgment as he shall recover.
430.220. Judgment, amount, how enforced
Upon the rendition of judgment, if for the lienor, it shall
be for the sum found to be due, with costs of suit, and
that the lien be enforced against the property by execution
and sale as in ordinary sales under execution, but if such
finding be for defendant, judgment shall be entered in his
favor as in ordinary actions of replevin.
Missouri Liens for the Care of Horses
II. Agister's Lien
MISSOURI STATUTES
TITLE XXVII. DEBTOR-CREDITOR RELATIONS
CHAPTER 430. STATUTORY LIENS AGAINST PERSONALTY--PREFERRED
CLAIMS LIENS FOR STORING VEHICLES AND FOR WORK ON ANIMALS
AND VEHICLES
430.030. Lien, for labor or material furnished, on horse,
mule or other animal
1. Every person who furnishes labor or material on any horse,
mule or other animal, who shall obtain a written memorandum
of the work or material furnished, or to be furnished, signed
by the owner of such horse, mule or other animal, shall
have a lien for the amount of such work or material as is
ordered or stated in such written memorandum.
2. Such lien shall be on such horse, mule or other animal
as shall be placed in the possession of the person furnishing
the labor or material; provided, however, that for labor
and material furnished on more than one horse, mule or other
animal belonging to the same owner, the person furnishing
such labor and material may, at his option, have a lien
on any one or more of such horses, mules or other animals
for the amount of labor and material furnished on all of
such horses, mules and other animals belonging to such owner.
430.040. Vehicle or aircraft, part or equipment--horse,
mule or other animal to remain in custody of person having
lien
1. No person shall have the right to take any vehicle or
aircraft, or part or equipment thereof, or any horse, mule
or other animal out of the custody of the person having
the lien, except with the consent of the person, or upon
paying the amount, lawfully due, for keep, storage, labor
or material.
2. The lien shall be valid against the vehicle or aircraft,
or part or equipment thereof, or against the horse, mule
or other animal in the possession of any person receiving
or purchasing the same, with notice of the lien claim; but
the lien shall not take precedence over or be superior to
any prior lien on the property, created by any financing
statement on the same, duly perfected in accordance with
the laws of this state, without the written consent of the
secured party or the legal holder of the security agreement.
430.050. Lien, how enforced
The lien provided for in section 430.040 shall be enforced
in the same manner and be governed by the same procedure
as is provided in section 430.160, applicable to the enforcement
of the lien for keeping or training horses and other animals.
430.060. Proceedings governed by laws concerning replevin
where not specifically provided
All proceedings under sections 430.010 to 430.070, where
not herein otherwise specifically provided, shall be governed
by the general laws of the state concerning replevin.
LIENS FOR KEEPING, TRAINING AND BREEDING ANIMALS
430.150. Lien for keeping or training horses and other animals
Every person who shall keep, board or train any horse, mule
or other animal, shall, for the amount due therefor, have
a lien on such animal, and on any vehicle, harness or equipment
coming into his possession therewith, and no owner or claimant
shall have the right to take any such property out of the
custody of the person having such lien, except with his
consent or on the payment of such debt; and such lien shall
be valid against said property in the possession of any
person receiving or purchasing it with notice of such claim.
430.160. Enforcement of liens
The lien provided for in section 430.150 shall be enforced
as follows:
The person claiming the lien shall file in circuit
court, before a circuit or associate circuit judge, in the
county in which he resides, a statement duly verified by
himself, his agent or attorney, setting forth his account
and a description of the property on which the lien is claimed,
and thereupon the court shall issue a summons, as in ordinary
civil actions, returnable forthwith; and upon a return of
the summons, duly served, shall set the cause for hearing
at any time after the lapse of one day.
If summons be returned
"defendant not found", and if it be proved to
the satisfaction of the court that the defendant is not
a resident of the county, the court shall order a notice
of the proceedings to be published for three successive
days, in a daily newspaper, if one be published in the county,
and if there be none, then once in a weekly, if such be
published in the county; and if no paper be published in
the county, then by six handbills put up in six public places
in the county, notifying the defendant of the filing and
the particulars of the account, the description of the property
on which the lien is claimed, its whereabouts, and the day
and place set for the hearing of the cause, which shall
be at least ten days from the day of the last publication
of the notice or the posting thereof; and the proof of such
publication or of the posting of such notice shall be filed
in the court on or before the day of trial.
When the defendant
shall have been summoned or notified as aforesaid, the cause
shall, on the day fixed for trial, be tried as any ordinary
case before an associate circuit judge or a circuit judge,
as the case may be. If the judgment be for the plaintiff,
the court shall order the property upon which the lien shall
have been found to exist to be sold to satisfy the same.
If the lien be not established, and the defendant shall
not have been summoned, or shall not have voluntarily appeared
to the action, the cause shall be dismissed at the cost
of the plaintiff. If the defendant shall have been summoned,
or shall have appeared to the action, and the plaintiff
shall have established an indebtedness on the account sued
on, but shall have failed to establish the lien claimed,
the judgment shall be for the plaintiff for such indebtedness,
but the cost of suit, or any part thereof, may be taxed.
430.165. Lien for the care of animals lawfully impounded, who entitled to
1. Any animal lawfully impounded under the laws of this state or ordinances of any of its political subdivisions may be placed by the impounding officer in the care of any incorporated humane society or other responsible person designated by the impounding authority.
2. Any incorporated humane society or other person designated to care for an animal under the provisions of subsection 1 shall be entitled to a lien on the animal for the reasonable cost of the care of the animal, as provided in sections 430.150 and 430.160
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