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Nebraska
Nebraska Liens for Services to Horses
NOTE: Nebraska has a veterinarian's and breeder's lien. It
has no farrier's lien, but its agister's lien would cover
farrier services for animals left in the possession of the
shoer.
I. Veterinarian's Lien
NEBRASKA REVISED STATUTES
CHAPTER 52. LIENS
ARTICLE 7. VETERINARIAN'S LIEN
§52-701. Lien; scope and operation; statement; filing; foreclosure; fee.
Whenever any person shall procure, contract with, or hire
any person licensed to practice veterinary medicine and
surgery to treat, relieve, or in any way take care of any
kind of livestock, such veterinarian shall have a first,
paramount, and prior lien upon such livestock so treated
for the contract price agreed upon or, in case no price
has been agreed upon, for the reasonable value of the services
and any medicines or biologics furnished. The person entitled
to a lien under this section may foreclose the same in the
manner provided by law for the foreclosing of secured transactions
as provided in article 9, Uniform Commercial Code. Such
veterinarian who wishes to use the provisions of this section
shall file with the Secretary of State, within ninety days
from the furnishing of the services and any medicines or
biologics, a statement verified by affidavit of his or her
account containing
(1) the name and address and the social
security number or federal tax identification number of
such veterinarian,
(2) the name and address and the social
security number or federal tax identification number, if
known, of the person to whom the services and medicines
or biologics were furnished,
(3) a correct description of
the livestock to be charged with the lien, and
(4) the amount
of the services and medicines or biologics furnished. The
failure to include the social security number or federal
tax identification number shall not render any filing unperfected.
At the time the lien is filed, the lienholder shall send
a copy to the person to whom the services and medicines
or biologics were furnished. The fee for filing, amending,
or releasing such lien shall be the same as set forth in
section 9-525, Uniform Commercial Code.
§ 52-702. Lien satisfied; termination statement;
procedure.
When a lien provided by section 52-701 is satisfied, the
lienholder shall file in the office where the lien is filed
a termination statement to the effect that he or she no
longer claims an interest under the lien, which shall be
identified by file number. A termination statement signed
by a person other than the lienholder of record shall be
accompanied by a separate written statement of assignment
signed by the lienholder of record complying with subsection
(b) of section 9-514, Uniform Commercial Code, including
payment of the required fee, or reflect that the person
signing the termination statement is a successor of the
lienholder of record. If the affected lienholder fails to
file such a termination statement within thirty days after
such lienholder no longer claims an interest, he or she
shall be liable to the person to whom the services and medicines
or biologics were furnished for any losses caused to such
person by such failure and for reasonable attorney's fees
and court costs.
(2) On presentation to the filing officer of such a termination
statement, he or she shall note it in the index. If the
filing officer has received the termination statement in
duplicate, he or she shall return one copy of the termination
statement to the lienholder stamped to show the time of
receipt.
(3) There is no fee for the filing of a termination statement.
II. Beeder's Lien
CHAPTER 52. LIENS
ARTICLE 15. SERVICE OF ANIMALS
§52-1501. Stallion, jack, or bull; lien for service.
Every owner, lessee, agent or manager of any stallion, jack
or bull shall have a lien upon any mare and her colt or
upon any cow and her calf served by such stallion, jack
or bull for the full amount of the reasonable or agreed
value or price of such service. Every such owner, lessee,
agent or manager of such stallion, jack or bull desiring
to perfect a lien upon any mare and her colt, or upon any
cow and her calf, shall at any time after breeding any such
animal to any such male, file with the county clerk of the
county a verified notice of lien describing such animal
with reasonable certainty, giving the name of the owner
and his place of residence if known, and the name and residence
of the person having the possession of such animal, the
location of such animal, the terms of payment for such service,
the amount thereof, the name of the male, the date of service,
and the time or event when the same shall become due and
payable and such other matters as to make the same more
certain. Thereafter such lienor shall have a first lien
upon such animal or animals described therein, and their
offspring as soon as the same may be born, subject, however,
to the lien of record of any prior mortgage in good faith.
§52-1502. Liens; list of animals served; filing.
Any owner of any stallion, jack or bull within the state
may file with the county clerk of any county therein on
or before October 1 of each year, a full and complete list
of the mares or cows served by such male within such county
during that year. Such list shall contain the name of and
a brief description of all animals so served, the owners
thereof, the terms on which each was bred, and the time
when payment thereof becomes due; and it shall be verified
by the owner of such stallion, jack or bull, or his lawfully
authorized agent.
§ 52-1503. Lien; period enforceable.
From the time of filing such lien upon any such mare or
cow the lienor shall have the right to hold the same on
such mare or cow and its offspring for a period of twelve
months from and after the birth of such offspring; but if
such lien shall not be foreclosed within that time the same
shall expire and be of no force or effect.
§ 52-1504. Lien; foreclosure.
Every such lienor may foreclose such lien by delivering
to any sheriff or constable a true copy of such lien certified
by the clerk of the county, together with an affidavit of
the lienor or any agent or attorney having knowledge of
the facts, stating the amount due and unpaid on such lien,
with direction to such officer to foreclose such lien. Thereupon
such officer shall seize such mare or cow and its offspring
and sell the same in the manner provided by law for the
sale of personal property on execution, and retain the principal
and interest and expenses of such seizure and sale, and
the overplus, if any, pay over to the owner of such mare
or cow, or deposit the same for him with the county clerk,
and make and file due return thereof with the county clerk.
§ 52-1505. Lien; sale or removal of animals prohibited;
exception.
It shall be unlawful for any owner of any mare or cow or
its offspring, or any person having the possession of such
mare or cow, or its offspring, upon which there is any lien
of record in the county, to sell or permanently remove the
same from the county or state before said lien is paid;
Provided, such owner may remove the same to an adjoining
county by first filing in such adjoining county a certified
copy of such lien and notifying such lienor in writing of
the exact location of such mare or cow and its offspring
in such adjoining county.
§ 52-1506. Violations; penalty.
Any person or persons knowingly or willfully violating any
of the provisions of sections 52-1501 to 52-1506 shall be
punished by a fine of not less than twenty-five dollars
nor more than fifty dollars.
Nebraska Liens for the Care of Horses
III. Agister's Lien
NEBRASKA STATUTES
CHAPTER 54. LIVESTOCK
ARTICLE 2. LIENS
§ 54-201. Agister's lien; foreclosure; fee.
When any person, firm, corporation, partnership, or limited
liability company not provided for in subsection
(2) of
this section shall procure, contract with, or hire any other
person to feed and take care of any kind of livestock, the
person so procured, contracted with, or hired shall have
a first, paramount, and prior lien upon such livestock for
the feed and care bestowed by him or her upon the same for
the contract price agreed upon or, in case no price has
been agreed upon, for the reasonable value of such feed
and care, as long as the holders of any prior liens shall
have agreed in writing to the contract for the feed and
care of the livestock involved. The person, firm, corporation,
partnership, or limited liability company entitled to a
lien under this section may foreclose the same in the manner
provided by law for foreclosure of secured transactions
as provided in article 9, Uniform Commercial Code. Prior
to removal of such livestock from his or her premises, the
person, firm, corporation, partnership, or limited liability
company entitled to a lien shall file in the office of the
Secretary of State an affidavit containing the name and
address and the social security number or federal tax identification
number of such person, firm, corporation, partnership, or
limited liability company and the name and address and the
social security number or federal tax identification number,
if known, of the person for whom the feeding and keeping
were furnished and describing the livestock and setting
forth the amount justly due for the feeding and keeping
of the same. The failure to include the social security
number or federal tax identification number shall not render
any filing unperfected. At the time the lien is filed, the
lienholder shall send a copy to the person for whom the
feeding and keeping were furnished. The fee for filing,
amending, or releasing such lien shall be the same as set
forth in section 9-525, Uniform Commercial Code.
When any person, firm, corporation, partnership, or limited
liability company whose residence or principal place of
business is located outside the State of Nebraska shall
procure, contract with, or hire any other person, firm,
corporation, partnership, or limited liability company within
the State of Nebraska to feed and take care of any kind
of livestock, the person so procured, contracted with, or
hired shall have a first, paramount, and prior lien upon
such livestock for the feed and care bestowed by him or
her upon the same for the contract price agreed upon or,
in case no price has been agreed upon, for the reasonable
value of such feed and care. The person, firm, corporation,
partnership, or limited liability company entitled to a
lien under this subsection may foreclose the same in the
manner provided by law for the foreclosure of secured transactions
as provided in article 9, Uniform Commercial Code. Prior
to removal of such livestock from his or her premises, the
person, firm, corporation, partnership, or limited liability
company entitled to a lien shall file in the office of the
Secretary of State an affidavit containing the name and
address and the social security number or federal tax identification
number of such person, firm, corporation, partnership, or
limited liability company and the name and address and the
social security number or federal tax identification number,
if known, of the person for whom the feeding and keeping were furnished
and describing the livestock and setting
forth the amount justly due for the feeding and keeping
of the same. The failure to include the social security
number or federal tax identification number shall not render
any filing unperfected. At the time the lien is filed, the
lienholder shall send a copy to the person for whom the
feeding and keeping were furnished. The fee for filing,
amending, or releasing such lien shall be the same as set
forth in section 9-525, Uniform Commercial Code.
§ 54-201.01. Legislative intent.
The Legislature hereby recognizes and declares that the
livestock industry is an integral component in the economy
of this state and that the continued viability of such industry
is essential to the prosperity and well-being of all citizens
of this state. The Legislature further recognizes that the
livestock industry of this state provides food for the state,
the nation, and the world, and that the benefits of a financially
sound industry are far reaching. It is hereby declared to
be the purpose of sections 54-201 and 54-201.01 to afford
protection to those persons involved in the care and feeding
of livestock in this state by providing some security of
compensation for services rendered.
§ 54-208. Lien for feed, feed ingredients, and related
costs; notice; foreclosure; procedure; fee.
When any person, firm, partnership, limited liability company,
or corporation contracts or agrees with another to deliver
any feed or feed ingredients for any kind of livestock,
the person, firm, partnership, limited liability company,
or corporation so procured, contracted with, agreed with,
or hired shall have a lien upon such livestock for the feed
or feed ingredients and related costs incurred in the delivery
of such feed or feed ingredients for the agreed-upon contract
price or, in case no price has been agreed upon, for the
reasonable value of such feed or feed ingredients and related
delivery costs, which shall be a first, paramount, and prior
lien if the holders of any prior liens have agreed in writing
to the contract for the feed or feed ingredients and related
delivery costs. The lien may only be foreclosed against
the person who has contracted or agreed for such feed or
feed ingredients and related costs incurred in the delivery
of such feed or feed ingredients.
Such person, firm, partnership, limited liability company,
or corporation delivering feed or feed ingredients or incurring
delivery costs shall file a notice in the office of the
Secretary of State. Such notice of lien shall designate:
(1) The name and address and the social security number
or federal tax identification number of such person, firm,
partnership, limited liability company, or corporation;
(2) The name and address and the social security number
or federal tax identification number, if known, of the person
for whom such feed or feed ingredients were delivered;
(3) The amount due for such feed or feed ingredients covered
by the lien;
(4) The place where such livestock are located;
(5) A reasonable description of such livestock including
the number and type of such livestock; and
(6) The last date on which such feed or feed ingredients
were delivered.
The failure to include the social security number or federal
tax identification number shall not render any filing unperfected.
At the time the lien is filed, the lienholder shall send
a copy to the person for whom the feed or feed ingredients
were delivered.
Such lien shall attach and have priority as of the date
of the filing if filed in the manner provided in this section
and may be foreclosed in the manner and form provided for
the foreclosure of secured transactions in article 9, Uniform
Commercial Code.
The fee for filing, amending, or releasing such lien shall
be the same as set forth in section 9-525, Uniform Commercial
Code.
Nothing in this section shall be construed to amend or repeal
section 54- 201 relating to agisters' liens.
§ 54-209. Lien satisfied; termination statement; procedure.
(1) When a lien provided by section 54-201 or 54-208 is
satisfied, the lienholder shall file in the office where
the lien is filed a termination statement to the effect
that he or she no longer claims an interest under the lien,
which shall be identified by file number. A termination
statement signed by a person other than the lienholder of
record shall be accompanied by a separate written statement
of assignment signed by the lienholder of record complying
with subsection (b) of section 9-514, Uniform Commercial
Code, including payment of the required fee, or reflect
that the person signing the termination statement is a successor
of the lienholder of record. If the affected lienholder
fails to file such a termination statement within thirty
days after such lienholder no longer claims an interest,
he or she shall be liable to the person for whom the feeding
and keeping were furnished or the feed or feed ingredients
were delivered for any losses caused to such person by such
failure and for reasonable attorney's fees and court costs.
(2) On presentation to the filing officer of such a termination
statement, he or she shall note it in the index. If the
filing officer has received the termination statement in
duplicate, he or she shall return one copy of the termination
statement to the lienholder stamped to show the time of
receipt.
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