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Virginia
Virginia Liens for Service to Horses
NOTE: Virginia has a veterinarian's lien that applies only
to unclaimed animals left in a vet's care. It has a beeder's
lien but no farrier's lien. Its agister's lien is broad enough
to cover boarding charges for residential veterinary or farrier
services.
I. Limited Veterinarian's Lien
CODE OF VIRGINIA
TITLE 3.1. AGRICULTURE, HORTICULTURE AND FOOD.
CHAPTER 27.4. COMPREHENSIVE ANIMAL LAWS.
ARTICLE 2. ANIMAL WELFARE.
3.1-796.75 Procedure for animals
left unclaimed with veterinarian or boarding establishment
after public notice; lien; sale.
Any animal not claimed by its owner from a licensed veterinarian
or boarding establishment within fourteen days after a letter
of notice has been sent to the owner, by the veterinarian
or boarding establishment, may be sold by the veterinarian
or boarding establishment. The animal may be sold at public
or private sale for fair compensation to a person capable
of providing care consistent with this chapter. Any expense
incurred by the veterinarian or boarding establishment becomes
a lien on the animal and the proceeds of the sale shall first
discharge this lien. Any balance of the proceeds shall be
paid to the owner. If the owner cannot be found within the
next ensuing thirty days, the balance shall be paid to the
state treasury. If no purchaser is found, the animal may be
offered for adoption or euthanized.
II. Breeder's Lien
TITLE 43. MECHANICS' AND CERTAIN OTHER LIENS.
CHAPTER 5. LIENS ON OFFSPRING OF CERTAIN ANIMALS.
43-41 Lien on offspring of stallion or jackass.
When the owner of a mare or jennet breeds the same to any
stallion or jackass whereby such mare or jennet shall become
in foal and is delivered of a live colt, the owner of any
such stallion or jackass shall have a lien upon the colt for
a period of twelve months, or until the price agreed upon
for the season or service by the owner of the stallion or
jackass and the owner of the mare or jennet be paid. Such
lien shall not extend for a longer period than twelve months,
and after judgment has been taken for the amount of such fee,
then, unless the same is paid, the officer in whose hands
the fieri facias is placed for collection may proceed to levy
on and sell such colt for the aforesaid fieri facias and costs,
and he shall be entitled to the same fees for his services
as is provided for by the existing law.
43-42 Recordation of lien given by preceding section.
The lien given by the preceding section (s 43-41), if reduced
to writing, shall be recorded in the miscellaneous lien
book and shall be operative from the recordation thereof
and if the lien is not reduced to writing, it shall, upon
application of the owner of the stallion or jackass, be
recorded by the clerk of the circuit court of the county
in which the foal is foaled in such book in the following
form: ................... (giving the name of the owner
of the stallion or jackass) versus .................. (giving
the name of the owner of the colt). The owner of the stallion
or jackass claims a lien on a colt less than twelve months
old for $..........., for the get thereof.
Virginia Liens for the Care of Horses
III. Agister's Lien
TITLE 43. MECHANICS' AND CERTAIN OTHER LIENS.
CHAPTER 4. LIENS OF INNKEEPERS, LIVERY STABLE, GARAGE AND
MARINA KEEP ERS, MECHANICS AND BAILEES.
43-32 Lien of keeper of livery stable, garage, marina, etc.
A. Every keeper of a livery stable, hangar, tie-down, marina,
or garage, and every person pasturing or keeping any horses
or other animals, vehicles, boats, aircraft, or harness,
shall have a lien upon such horses and other animals, vehicles,
boats, aircraft, and harness, for the amount which may be
due him for the keeping, supporting, and care thereof, until
such amount is paid.
B. In the case of any boat, aircraft, or vehicle subject
to a chattel mortgage, security agreement, deed of trust,
or other instrument securing money, the keeper of the marina,
hangar, tie-down, or garage shall have a lien thereon for
his reasonable charges for storage under this section not
to exceed $300 and for alteration and repair under s 43-33
not to exceed $625. However, in the case of a storage lien,
to obtain the priority for an amount in excess of $150,
the person asserting the lien shall give written notice
by certified mail, return receipt requested, to any secured
party of record at the Department of Motor Vehicles or the
Department of Game and Inland Fisheries. If the secured
party does not, within seven days of receipt of the notice,
take or refuse redelivery to it or its designee, the lienor
shall be entitled to priority for the full $300. Notwithstanding
a redelivery, the vehicle or watercraft shall be subject
to subsection D.
C. In addition, any person furnishing services involving
the towing and recovery of a boat, aircraft or vehicle,
shall have a lien for all normal costs incident thereto,
if the person asserting the lien gives written notice within
seven days of receipt of the boat, aircraft or vehicle by
certified mail, return receipt requested, to all secured
parties of record at the Department of Motor Vehicles or
the Department of Game and Inland Fisheries.
D. In addition, any keeper shall be entitled to a lien against
any proceeds remaining after the satisfaction of all prior
security interests or liens, and may retain possession of
such property until such charges are paid.
E. Any lien created under this section shall not extend
to any personal property which is not attached to or considered
to be necessary for the proper operation of any motor vehicle,
and it shall be the duty of any keeper of such personal
property to promptly return it to the owner.
F. For the purposes of this section, in the case of a truck
or combination of vehicles, the owner or in the case of
a rented or leased vehicle, the lessee of the truck or tractor
truck shall be liable for the costs of the towing, recovery,
and storage of the cargo and of any trailer or semitrailer
in the combination. Nothing in this subsection, however,
shall bar the owner of the truck or tractor truck from subsequently
seeking to recover from the owner of any trailer, semitrailer,
or cargo all or any portion of these towing, recovery, and
storage costs.
43-34 Enforcement of liens acquired under ss 43-31 through
43-33 and of liens of bailees.
Any person having a lien under ss 43-31 through 43-33 and
any bailee, except where otherwise provided, having a lien
as such at common law on personal property in his possession
which he has no power to sell for the satisfaction of the
lien, if the debt for which the lien exists is not paid
within ten days after it is due and the value of the property
affected by the lien does not exceed $3,000, may sell such
property or so much thereof as may be necessary, by public
auction, for cash. The proceeds shall be applied to the
satisfaction of the debt and expenses of sale, and the surplus,
if any, shall be paid within thirty days of the sale to
any lienholder, and then to the owner of the property. A
seller who fails to remit the surplus as provided shall
be liable to the person entitled to the surplus in an amount
equal to twenty-five dollars for each day beyond thirty
days that the failure continues.
Before making the sale, the seller shall advertise the time,
place, and terms thereof in a public place. In the case
of property other than a motor vehicle required to be registered
in Virginia having a value in excess of $600, ten days'
prior notice shall be given to any secured party who has
filed a financing statement against the property, and written
notice shall be given to the owner as hereinafter provided.
If the property is a motor vehicle required by the motor
vehicle laws of Virginia to be registered, the person having
the lien shall ascertain from the Commissioner of the Department
of Motor Vehicles whether the certificate of title of the
motor vehicle shows a lien thereon. If the certificate of
title shows a lien, the bailee proposing the sale of the
motor vehicle shall notify the lienholder of record, by
certified mail, at the address on the certificate of title
of the time and place of the proposed sale ten days prior
thereto. If the name of the owner cannot be ascertained,
the name of "John Doe" shall be substituted in
any proceedings hereunder and no written notice as to him
shall be required to be mailed.
If the value of the property is more than $3,000 but does
not exceed $15,000, the party having the lien, after giving
notice as herein provided, may apply by petition to any
general district court of the county or city wherein the
property is, or, if the value of the property exceeds $15,000,
to the circuit court of the county or city, for the sale
of the property. If, on the hearing of the case on the petition,
the defense, if any made thereto, and such evidence as may
be adduced by the parties respectively, the court is satisfied
that the debt and lien are established and the property
should be sold to pay the debt, the court shall order the
sale to be made by the sheriff of the county or city. The
sheriff shall make the same and apply and dispose of the
proceeds in the same manner as if the sale were made under
a writ of fieri facias.
If the owner of the property is a resident of this Commonwealth,
any notice required by this section may be served as provided
in s 8.01-296 or, if the sale is to be made without resort
to the courts, by personal delivery or by certified or registered
mail delivered to the present owner of the property to be
sold at his last known address at least ten days prior to
the date of sale. If he is a nonresident or if his address
is unknown, notice may be served by posting a copy thereof
in three public places in the county or city wherein the
property is located. For purposes of this section, a public
place means a premises owned by the Commonwealth, a political
subdivision thereof or an agency of either which is open
to the general public.
If the property is a motor vehicle (i) for which neither
the owner nor any other lienholder or secured party can
be determined by the Department of Motor Vehicles through
a diligent search of its records, (ii) manufactured for
a model year at least six years prior to the current model
year, and (iii) having a value of no more than $1,000 as
determined by the provisions of § 8.01- 419.1, a person
having a lien on such vehicle may, after showing proof that
the vehicle has been in his continuous custody for at least
thirty days, apply for and receive from the Department of
Motor Vehicles title to such vehicle, free of all liens
and claims of ownership of others, and proceed to sell or
otherwise dispose of the vehicle.
Whenever a motor vehicle is sold hereunder, the Department
of Motor Vehicles shall issue a certificate of title and
registration to the purchaser thereof upon his application
containing the serial or motor number of the vehicle purchased
together with an affidavit of the lienholder that he has
complied with the provisions hereof, or by the sheriff conducting
a sale that he has complied with said order.
Any garage keeper to whom a motor vehicle has been delivered
pursuant to ss 46.2-1209, 46.2-1213 or s 46.2-1215 may after
thirty days from the date of delivery proceed under this
section, provided that action has not been taken pursuant
to such sections for the sale of such motor vehicle.
TITLE 18.2. CRIMES AND OFFENSES GENERALLY.
CHAPTER 6. CRIMES INVOLVING FRAUD.
ARTICLE 5. FALSE REPRESENTATIONS TO OBTAIN PROPERTY OR CREDIT.
18.2-188.1 Defrauding person having a lien on an animal; penalty.
It shall be unlawful to remove or cause any horse or other
animal to be removed from the possession of the owner or
keeper of a livery stable or other person having a lien
on the horse or animal for keep, support and care pursuant
to s 43-32, with intent to defraud or cheat the lienholder.
A violation of this section shall be punishable as a Class
2 misdemeanor.
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