...we are obviously excited to retain
you as our expert.
...G. M. Trachtenberg, Levenbaum & Cohen
more testimonials...
|
|
|
Back to State Equine Agister's/Feed Lien Statutes Main Page
If your printer is cutting off information, switch your paper orientation to "landscape".
Washington
Washington Liens for Service to Horses
NOTE: Washington has a breeder's lien and a combination veterinarian's
and agister's llien. It has no farrier's lien, but the agister's
lien is broad enough to cover boarding charges for residential
farrier services.
I. Breeder's Lien
CODE OF WASHINGTON
TITLE 60. LIENS
CHAPTER 60.52. LIEN FOR SERVICES OF SIRES
60.52.010. Liens authorized--Filing statement
In order to secure to the owner or owners of sires payment
for service, the following provisions are enacted: That every
owner of a sire having a service fee, in order to have a lien
upon the female served, and upon the get of any such sire,
under the provisions of this chapter, for such service, shall
file for record with the county auditor of the county where
said sire is kept for service a statement, verified by oath
or affirmation, to the best of his knowledge and belief, giving
the name, age, description and pedigree, as well as the terms
and conditions upon which such sire is advertised for service:
Provided, That owners of sires who are not in possession of
pedigrees for such sires shall not be debarred from the benefits
of this chapter.
60.52.020. Auditor's certificate--Contents--Posting
The county auditor, upon the receipt of the statement as
specified in RCW 60.52.010, duly verified by affidavit,
shall issue a certificate to the owner or owners of said
sire, which shall be posted by the owner in a conspicuous
place where said sire may be stationed, which certificate
shall state the name, age, description, pedigree and ownership
of such sire, the terms and conditions upon which the said
sire is advertised for service, and that the provisions
of this chapter, so far as relates to the filing of the
statement aforesaid, has been complied with.
60.52.030. Statement of lien--Filing--Duration of lien
The owner or owners of any such sire receiving such certificate,
by complying with RCW 60.52.010 and 60.52.020, shall obtain
and have a lien upon the female served for the period of
one year from the date of service, or upon the get of any
such sire for the period of eighteen months from the date
of birth of such get: Provided, Said owner or owners shall
file for record a statement of account, verified by affidavit,
with the county auditor of the county wherein the service
has been rendered, of the amount due such owner or owners
for said service, together with a description of the female
served, within ten months from the date of service or date
of birth, as the case may be: Provided further, That the
lien upon the get of any such sire shall be a preferred
lien: And provided further, That no sale or transfer of
any female animal served shall defeat the right of such
lien holder.
60.52.040. Foreclosure of lien
Liens under this chapter may be foreclosed as provided in
chapter 60.10 RCW. 60.52.050. Auditor's fees
For filing certificate, making copy of such affidavit, and
the certificate of date of such filing, the clerk of record
shall be entitled to the same fees as are provided by law
for similar service in regard to chattel mortgages.
Washington Liens for the Care of Horses
II. Veterinarian's and Agister's Lien
TITLE 60. LIENS
CHAPTER 60.56. AGISTER AND TRAINER LIENS
60.56.005. Definition of "agister."
For purposes of this chapter "agister" means a
farmer, ranchman, herder of cattle, livery and boarding
stable keeper, veterinarian, or other person, to whom horses,
mules, cattle, or sheep are entrusted for the purpose of
feeding, herding, pasturing, training, caring for, or ranching.
60.56.010. Liens created
Any agister shall have a lien upon the horses, mules, cattle,
or sheep, and upon the proceeds or accounts receivable from
such animals, for such amount that may be due for the feeding,
herding, pasturing, training, caring for, and ranching of
the animals, and shall be authorized to retain possession
of the horses, mules, cattle, or sheep, until the amount
is paid or the lien expires, whichever first occurs. The
lien attaches on the date such amounts are due and payable
but are unpaid.
60.56.015. Liens perfected
An agister who holds a lien under RCW 60.56.010 shall perfect
the lien by (1) posting notice of the lien in a conspicuous
location on the premises where the lien holder is keeping
the animal or animals, (2) providing a copy of the posted
notice to the owner of the animal or animals, and (3) providing
a copy of the posted notice to any lien creditor as defined
in RCW 62A.9-301(3) if the amount of the agister lien is
in excess of one thousand five hundred dollars. A lien creditor
may be determined through a search under RCW 62A.9-409.
The lien holder is entitled to collect from the buyer, the
seller, or the person selling on a commission basis if there
is a failure to make payment to the perfected lien holder.
60.56.018. Potential sale of animal to which lien is attached--Notice
to lien holder and potential buyer
A party subject to a lien under RCW 60.56.010 shall notify
(1) the lien holder of a potential sale of the animal or
animals to which the lien is attached, (2) a potential buyer
of the existence of the unsatisfied lien against the animal
or animals for sale, and (3) any lien holder of record of
the potential sale of the animal or animals and of the existence
of the unsatisfied lien.
60.56.021. Violation of RCW 60.56.018--Civil action for
damages--Civil fine
A person injured by a violation of RCW 60.56.018 may bring
civil action in the appropriate court of jurisdiction to
recover the actual damages sustained, together with the
costs of the suit, including reasonable attorney fees and
any other costs associated with satisfaction of the lien.
The court may, in its discretion, increase the award of
damages to an amount not to exceed three times the actual
damages sustained.
If damages are awarded under this section, the court may
impose on a liable party a civil fine of not more than one
thousand dollars to be paid to the plaintiff.
60.56.025. Lien created for care of animal seized by law
enforcement officer
If a law enforcement officer authorizes removal of an animal
pursuant to chapter 16.52 RCW, the person or entity receiving
the animal and aiding in its care or restoration to health
shall have a lien upon the animal for the cost of feeding,
pasturing, and caring otherwise for the animal. The lien
attaches on the date such costs are due and payable but
are unpaid. Any such person is authorized to retain possession
of the animal until such costs are paid or the lien expires,
whichever first occurs.
60.56.035. Expiration of lien
Any lien created by this chapter shall expire one hundred
eighty days after it attaches, unless, within that period,
an action to enforce the lien is filed pursuant to RCW 60.56.050.
60.56.050. Enforcement of lien
Any person having a lien under the provisions of this chapter
may enforce the same under chapter 60.10 RCW or, at the
agister's option, by an action in any court of competent
jurisdiction. If enforcement is through court proceeding,
the property may be sold on execution for the purpose of
satisfying the amount of the judgment and costs of sale,
together with the proper costs of keeping the same up to
the time of the sale.
Back to State Equine Agister's/Feed Lien Statutes Main Page
If your printer is cutting off information, switch your paper orientation to "landscape".
Back to top of page
|
NAES would like to thank all of the contributing photographers for their generosity in allowing
NAES to post photographs throughout this web site. Photo credits are listed, where appropriate.
Home - Qualified Equine Appraisals - Advisory Board - NAES' Spotlight - NAES' David D. Johnson
NAES Tip of the Month - About NAES - NAES' Horse of the Month - Professional Directory - Legal Services
Rule 26 Case Histories - Contact NAES - NAES' Newsletter - State Equine Agister's/Feed Liens - Resources
States Equine Activity Statutes - Horse of the Month Archives - Articles - Equine Services - NAES' Videos
Clients: Payments On-Line - Willoway Farm - Site Use Policy - Privacy Statement - Site Map
Copyright North American Equine Services, L.L.C. 2023 All Rights Reserved.
Webmaster: Media People International
click to contact
|
|
