A lien is a right in property to secure payment on a debt. Since animals are considered the personal property of their owners, they can be the subject of liens. Many states have laws on liens for animal care. These range from boarding liens to veterinary liens.
This table focuses on liens applicable to veterinarians or individuals who care for animals. It also covers lien laws related to individuals who are not veterinarians, but who may board animals, take in animals who appear neglected, or impound animals on behalf of a city or county.
"Pasturage liens," liens that relate to the pasturing and feeding of livestock, are not necessarily covered on this table. Sometimes these liens are called "agister's liens." An agister's lien is a type of possessory lien that applies when a person takes care of an animal (usually horses or livestock) owned by another person by providing boarding or training to that animal.
STATE AND CITATION | TYPE OF LIEN | ANIMALS COVERED | SUMMARY |
|---|---|---|---|
Alabama | Veterinary lien | Animal treated by veterinarian | Every licensed veterinarian has a lien on every animal kept, fed, treated or surgically treated or operated on by him or her while in his or her custody and under contract with the owner of such animal. This lien is for payment of the veterinarian's charges for keeping, feeding, treating or surgically treating or operating on such animal, and the vet has the right to retain such animal until said charges are paid. |
Alaska | None | ||
Arizona | Anti-cruelty law lien | Animals | An owner is liable to this state or a political subdivision of this state for the expenses incurred by this state or a political subdivision of this state in rescuing animals that belong to the owner if the animals have been cruelly treated or neglected and the owner has been convicted of a violation of § 13-2910. |
Arkansas | None | ||
California | Veterinary lien | Animals under care | A person who is in lawful possession of an article of personal property and renders service or safekeeping to the owner has a lien on that property for compensation due. The section then specifically states that, ". . . veterinary proprietors and veterinary surgeons shall have a lien dependent on possession, for their compensation in caring for, boarding, feeding, and medical treatment of animals." The companion section states that the person holding the lien under Section 3051, if not paid the amount due within 10 days, may sell such property at public auction by giving at least 10 days of notice. |
Colorado | Care lien (covers veterinarians) | Pet animals | Any feeder, veterinarian, or other person entrusted with the pet for feeding, keeping, boarding, or medical shall have a lien for the amount of costs incurred in the care of the animal. Any contracts (or copies thereof) made by the owner of the pet animal with the person caring for the animals may be filed with the county clerk where the owner resides (or where the contract was made for non-residents). The filing of this contract constitutes notice to the contents of the contract and the legal effect of the filing. |
Connecticut | Care lien | Any animal | When a special agreement has been made between the owner of any animals and a person keeping/taking care of such animals for a price, those animals are subject to a lien in favor of the person keeping the animals. The person keeping those animals may detain the animals until the debt is paid. If the debt is not paid with 30 days after it becomes due, the keeper may sell the animals at public auction after he or she gives written notice to the owner of the time and place at least six days before the sale. Additionally, a commercial boarding kennel or veterinary hospital may transfer abandoned animals to a nonprofit animal rescue or adoption organization. An animal is considered abandoned if the owner or keeper of such animal fails to retrieve the animal within five days of the date on which such owner or keeper was scheduled to retrieve the animal. Written notice sent certified, return-receipt requested must first be sent to the owner with a ten-day waiting period before the transfer can occur. |
Delaware | None | ||
D.C. | |||
FloridaWest's F.S.A. § 713.50, 65 (care lien) West's F. S. A. § 713.655 (veterinary lien) | Maintenance Lien (feeding/caring) Veterinary Lien | "Horse or other animal of another" Any animal | Care/Maintenance Lien: A lien exists in favor of all persons for the "feeding or caring for the horse or other animal of another, including all keepers of livery, sale or feed or feed stables, for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal." Based on the broad language of "other animal," a lien exists for the care and feeding of all owned animals. Veterinary Lien: A lien exists in favor of any veterinarian who renders professional services to an animal at the request of the owner of the animal, the owner's agent, or a bailee, lessee, or custodian of the animal, for the unpaid portion of the fees for such professional services. The lien remains valid and enforceable for a period of 1 year from the date the professional services were rendered, and such lien is to be enforced in the manner provided for the enforcement of other liens on personal property in this state. |
Georgia | Veterinary lien | Animal or pet treated | Every licensed veterinarian in Georgia has a lien on each animal or pet treated, boarded, or cared for by him or her while in his or her custody and under contract with the owner of the animal or pet for the payment of charges for the treatment, board, or care of the animal or pet. The veterinarian has the right to retain the animal or pet until the charges are paid. There is a ten-day hold period after demand for payment (made in person or by registered or certified mail) until the pet is deemed abandoned and may be disposed of by the veterinary facility. |
Hawaii | Care lien | Animal | Whoever pastures, feeds, or shelters animals by virtue of a contract with or by the consent of the owner of the animals for a compensation agreed upon, has a lien on the animals for pasturing, feeding, or sheltering to secure payment thereof with costs. |
Idaho | Care lien | Any animal | An officer may likewise take charge of any animal that by reason of lameness, sickness, feebleness or neglect, is unfit for the activity it is performing, or that in any other manner is being cruelly treated; and, if such animal is not then in custody of its owner, such officer shall give notice thereof to such owner, if known, and may provide suitable care for such animal until final disposition of such animal is determined in accordance with section 25-3520A or 25-3520B, Idaho Code. If, in accordance with this section, a responsible owner cannot be found, the animal may be offered for adoption to a responsible person in lieu of destruction. |
Illinois | Care lien | An animal | When an approved humane investigator, a Department investigator or a veterinarian finds that a violation of this Act has rendered an animal in such a condition that no remedy or corrective action by the owner is possible, the Department must impound or order the impoundment of the animal. If the violator fails or refuses to take corrective action necessary for compliance with Section 11 of this Act, the Department may impound the animal. If the animal is ordered impounded, it shall be impounded in a facility or at another location where the elements of good care as set forth in Section 3 of this Act can be provided, and where such animals shall be examined and treated by a licensed veterinarian or, if the animal is severely injured, diseased, or suffering, humanely euthanized. Any expense incurred in the impoundment shall become a lien on the animals. |
Indiana | Livestock lien | Horses, cattle, hogs, and other livestock | The keeper of a livery stable or a person engaged in feeding horses, cattle, hogs, and other livestock has a lien upon the livestock for the feed and care bestowed by the keeper upon the livestock. |
Iowa | Agricultural lien | Livestock. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species, ostriches, rheas, emus, poultry, or fish or shellfish. | A veterinarian shall have an agricultural lien as provided in section 554.9102 for the actual and reasonable value of treating livestock, including the cost of any product used and the actual and reasonable value of any professional service rendered by the veterinarian. In order to perfect the lien, the veterinarian must file a financing statement in the office of the secretary of state as provided. |
Kansas | Veterinary lien | Any animal | A veterinarian, a veterinary partnership or a veterinary corporation offering veterinary service to animals in the field or otherwise, who shall, at the request of the owner or lawful possessor of any animal or animals, bestow any professional attention, care, vaccines, antisera, virus, antibiotics, or other medical treatment, food or service upon the same shall have a lien upon such animal or animals for the just and reasonable charges therefor, and may hold and retain possession of such animal until such charges are paid, but such lien shall be valid if the veterinarian recorded a verified notice of the lien upon such animal or animals in the office of the register of deeds in the county in which such veterinary services were rendered prior to the expiration of 60 days after such services were rendered. |
Kentucky | Veterinary lien | Animal | Any licensed veterinarian who performs professional services for an animal, by contract with, or by the written consent of, the owner or authorized agent shall have a lien on the animal to secure the cost of the service provided. The priority for the liens filed under this law is based upon when the first lien was filed. |
Louisiana | Veterinary and feed lien | Only horses | Any person who furnishes feed or medicines for a horse or horses, or any licensed veterinarian who furnishes medical services for a horse or horses, to or upon the order of the owner, has a privilege for the unpaid portion of the price thereof upon the horse or horses of the owner, which received the feed, medicine, or medical services. |
Maine | Care/pasturage lien | Animals | A person who pastures, feeds, or shelters animals by contract or consent of the owner has a lien for the amount due. The lien may be enforced in the same manner as liens on goods in possession. |
MarylandMD Code, Commercial Law, § 16-701 (vet lien) Md. Code Ann., Com. Law § 16-401 (livery lien) | Veterinary and boarding lien Livery lien | Animal (vet lien) Livestock (livery lien) | Veterinary lien: If the animal is not claimed and taken by the owner from the veterinarian or the boarding kennel within 10 days of the date the notice is given or posted, the owner forfeits his title to the animal and the veterinarian or the commercial boarding kennel operator may: (1) Sell the animal at public sale, except for purposes of experimentation or vivisection; (2) Turn the animal over to an animal welfare agency serving the county in which the animal is located or, if there is no animal welfare agency in that county, to the nearest animal welfare agency; or (3) Turn the animal over to a responsible private individual in the county. Livery lien: Any person who owns or operates a livery stable or other establishment who gives care or custody to livestock will have a lien on the livestock for any reasonable charge relating to: board and custody, training, veterinarian and blacksmith service, and other maintenance expenses. If the lien is not paid within 30 days after payment is due, the owner of the livery stable is entitled to sell the livestock. |
Massachusetts | Care lien | Animals | A person found violating any provision of section seventy-seven or eighty-one may be arrested and held without a warrant as provided in section fifty-four; the person making an arrest with or without a warrant shall use reasonable diligence to give notice thereof to the owner of animals found in the charge or custody of the person arrested, shall properly care and provide for such animals until the owner thereof takes charge of them, not, however, exceeding sixty days from the date of said notice, and shall have a lien on said animals for the expense of such care and provision. |
Michigan | Care lien | Horse, mule, neat cattle, sheep, or swine | A person who delivers any horse, mule, neat cattle, sheep, or swine to be kept or cared for to another person, that person shall have a lien thereon for the keeping and care of such animals, and may retain possession of the same until such charges are paid. |
Minnesota | Agricultural lien on livestock | Livestock | 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. Additionally, a veterinarian's lien, breeder's lien, livestock production input lien, temporary livestock production 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. To perfect the lien, a financing statement must be filed within the time periods established in the law. |
Mississippi | Care lien | An animal | All courts in the State of Mississippi may order the seizure of an animal by a law enforcement agency, for its care and protection upon a finding of probable cause to believe said animal is being cruelly treated, neglected or abandoned. Such probable cause may be established upon sworn testimony of any person who has witnessed the condition of said animal. The court may appoint an animal control agency, agent of an animal shelter organization, veterinarian or other person as temporary custodian for the said animal, pending final disposition of the animal pursuant to this section. Such temporary custodian shall directly contract and be responsible for any care rendered to such animal, and may make arrangements for such care as may be necessary. Upon seizure of an animal, the law enforcement agency responsible for removal of the animal shall serve notice upon the owner of the animal, if possible, and shall also post prominently a notice to the owner or custodian to inform such person that the animal has been seized. Such process and notice shall contain a description of the animal seized, the date seized, the name of the law enforcement agency seizing the animal, the name of the temporary custodian, if known at the time, and shall include a copy of the order of the court authorizing the seizure. Within five (5) days of seizure of an animal, the owner of the animal may request a hearing in the court ordering the animal to be seized to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal. The court shall hold such hearing within fourteen (14) days of receiving such request. The hearing shall be concluded and the court order entered thereon within twenty-one (21) days after the hearing is commenced. Upon requesting a hearing, the owner shall have three (3) business days to post a bond or security with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs sufficient to provide for the animal's care. Failure to post such bond within three (3) days shall result in forfeiture of the animal to the court. If the temporary custodian has custody of the animal upon the expiration of the bond or security, the animal shall be forfeited to the court unless the court orders otherwise. |
Missouri | Keeping, training, breeding lien | "any horse, mule or other animal" | Every person who keeps, boards or trains any horse, mule or other animal has a lien on such animal, and on any vehicle, harness or equipment that came with the animal, for the amount due. No owner or claimant has the right to take any such property out of the custody of the person having such lien, except with the lienholder's consent or on the payment of such debt. Section 430.160 outlines the procedure for enforcement of the lien, which includes where to file a claim and the notice requirements. |
Montana | None | ||
Nebraska | Agricultural lien | Livestock animals | A licensed veterinarian who is contracted or hired to treat or in any way take care of any kind of livestock has a lien on that livestock for the reasonable value of services and medicines provided. This lien is treated as an agricultural lien under the UCC and may be enforced in the manner of other secured transactions in article 9 of the UCC. The lien must be perfected as provided under article 9 with the information outlined in this law. |
Nevada | Care lien | An animal | If an officer takes possession of an animal, the officer shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, the fact that there is a limited lien on the animal for the cost of shelter and care and notice of the right of the owner to request a hearing pursuant to section 7 of this act within 5 days after receipt of the notice. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, the officer shall post the notice on the property from which the officer takes the animal. If the identity and address of the owner are later determined, the notice must be mailed to the owner immediately after the determination is made. An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks. |
New Hampshire | Care/transportation lien | Animals | Any person or carrier who transports animals shall have a lien upon such animals for food, care, and custody furnished, and is not liable for their detention. |
New Jersey
| Care lien for horses | Horses | The law states that every keeper of a livery stable or boarding and exchange stable shall have a lien on all animals left in livery, for board, sale or exchange (and upon all carriages, wagons, sleighs and harness left for storage, sale or exchange) for the amount due for the board and keep of such animal. The keeper has the right, without process of law, to retain the same until the amount of such indebtedness is discharged. Note that the law states “keeper of a livery stable” shall include, but need not be limited to, a proprietor of a stable, a trainer, a veterinarian, a farrier, or any other person who has a financial relationship with the owner of the horse. |
New MexicoN. M. S. A. 1978, § 48-3-7 | Agister's lien | Stock/livestock | Innkeepers, livery stable keepers, lessors and agistors and those who board others for pay or furnish feed, shelter or pasture for the property and stock of others shall have a lien on the property and stock of such guest or guests and lessees or of those to whom feed or shelter has been furnished until the same is paid, and shall have the right to take and retain possession of such property and stock until the indebtedness is paid. |
New York
| Veterinary/boarding lien | Any dog, cat, or other domestic animal | Any licensed veterinarian renders professional services in the treatment of any dog, cat, or other domestic animal or boards any such animal on his premises, or a person keeping a livery stable, or boarding stable for animals, or pasturing or boarding one or more animals, or who in connection therewith keeps or stores any wagon, truck, cart, carriage, vehicle or harness, has a lien dependent upon the possession upon each dog, cat or other animal kept, pastured or boarded by him, and upon any wagon, truck, cart, carriage, vehicle or harness, of any kind or description, stored or kept provided an express or implied agreement is made with the owners thereof, whether such owner be a mortgagor remaining in possession or otherwise, for the sum due him for the professional service rendered, care, keeping, boarding or pasturing of the animal, or for the keeping or storing of any wagon, truck, cart, carriage, vehicle and harness, under the agreement, and may detain the dog, cat or other animal or wagon, truck, cart, carriage, vehicle and harness accordingly, until such sum is paid. |
North Carolina | Care lien | Any animal | The investigator must take any animal he seizes directly to some safe and secure place and provide suitable care for it. The necessary expenses of caring for seized animals, including necessary veterinary care, shall be a charge against the animal's owner and a lien on the animal to be enforced as provided by G.S. 44A-4. |
North Dakota | Cruelty lien | Animal | A law enforcement agency that seizes an animal suspected of cruel treatment has a lien upon the animal for all costs incurred as a result of the seizure and conviction. The lien is superior to any other claim or lien. If the lien is not satisfied by the animal's owner, the law enforcement agency may apply to the court for an order enforcing the lien. If a seized animal is sold, the proceeds must be used first to satisfy the lienholder to the extent of the lien and second to satisfy any other claims involving the animal. Any remaining proceeds must be returned to the owner, as directed by the court. If the owner is unknown, any proceeds otherwise payable to the owner must be deposited in the general fund of the county. |
OhioR.C. § 4741.30 (veterinary abandonment) | Care lien | "Animal” means any animal other than man and includes fowl, birds, fish, and reptiles | Any person who feeds or boards an animal under contract with the owner shall have a lien on such animal to secure payment for food and board furnished. |
Oklahoma | No care or veterinary lien (only Chapter 6, "Liens for Feeding, Grazing, Herding and Breeding," 4 Okl.St.Ann. § 194.1 et seq.) | ||
Oregon | Cruelty lien | Animal | A person who, or governmental agency that, transports, pastures, feeds, cares for or provides treatment to an animal that has been impounded under ORS 167.345 has a lien on the animal in the possession of the person or governmental agency for the reasonable charges for transportation, pasturage, feed, care or treatment provided by the person or governmental agency, and the person or governmental agency may retain possession of the animal until those charges are paid. |
Pennsylvania | Cruel transportation lien | Animal | A person commits a summary offense if the person carries, or causes or allows to be carried, in or upon any cart or other vehicle whatsoever an animal in a cruel or inhumane manner. The person taking the offender into custody may take charge of the animal and of the vehicle and the vehicle's contents, and deposit the same in a safe place of custody, and the necessary expenses that may be incurred for taking charge of and keeping the same, and sustaining the animal, shall be a lien thereon, to be paid before the same can lawfully be recovered, or the expenses or any part thereof remaining unpaid may be recovered by the person incurring the same from the owner of the animal in an action therefor. |
Rhode Island | Care/keeping lien | Any animals, including, but not limited to, horses, birds and fish | When an agreement has been made between the owner of any animals regarding the price of keeping, the animals shall be subject to a lien for the price of the keeping in favor of the person keeping the animals. The person may detain the animals until the debt is paid and, if not paid within 30 days, he or she may sell the animals at public auction after giving written notice to the owner of the time and place of the sale at least six days before the sale. Additionally, a kennel, as defined in § 4-19-2, or a veterinary hospital which boards or grooms animals for nonmedical purposes, may transfer any abandoned animal in its custody to a Rhode Island licensed nonprofit animal rescue, animal shelter, society for the prevention of cruelty to animals, or adoption organization as defined. |
South CarolinaCode 1976 § 29-15-60 (boarding) | Boarding lien Veterinary lien | Animal Animal | Boarding lien: The owner of an animal boarding facility, at the end of an agreed upon term of boarding, shall have a lien upon any animal which is left for upkeep until the cost has been paid by the owner of the animal. The owner of the animal shall also be responsible for payment of the cost of care for the animal after notice of the lien. If the owner of the animal has not paid the cost after actual notice of the lien within ten days of such notice, the animal boarding facility owner may sell the animal after having advertised the time and place of the sale at least seven days before the sale is to be held. Veterinary lien: A licensed veterinarian has a lien on each animal treated, boarded, or cared for while in the veterinarian's custody for payment of charges for treatment, board, or care of the animal. The veterinarian has the right to retain the animal until the charges are paid by the owner of the animal. |
South Dakota | No care or veterinary lien (only lien for trespassing animals via S D C L § 40-28-15, "Foreclosure of lien by sheriff's sale of animals--Service of notice on parties") | ||
Tennessee | Veterinary lien | Animal | Veterinary lien: Every licensed veterinarian has a lien on each animal or pet treated, boarded or cared for by the veterinarian while in the veterinarian's custody and under contract with the owner of such animal or pet for payment of charges for treatment, board or care of such animal or pet. Such veterinarian has the right to retain such animal or pet until such charges are paid. |
Texas | Veterinary lien for large animals | Large animals, defined as livestock or a cow, horse, mule, ass, sheep, goat, llama, alpaca, farm elk, or hog. | A licensed veterinarian has a lien on a large animal and the proceeds from the disposition of the large animal to secure the cost of veterinary care the veterinarian provided to the large animal. The lien attaches on the 20th day after the veterinarian first provided care to the large animal and attaches regardless of whether the veterinarian retains possession of the animal. |
Utah | Care lien | Any animal | Officers caring for animals pursuant to this section have a lien for the reasonable value of the care and/or destruction. Any court upon proof that the owner has been notified of the lien and amount due, at least five days prior, shall order the animal sold at public auction or destroyed. |
Vermont9 V.S.A. § 2075 (care lien) 13 V.S.A. § 354 (cruelty lien) Care lien | Cruelty lien | Domestic animal (care lien) Animal (cruelty lien) | Care lien: A person to whom charges are due for pasturing, boarding, or keeping domestic animals placed with the consent of the owner thereof in his or her care, if the charges become due while such animals remain in his or her possession, may retain the same until such charges are paid. After 30 days when the charges are due, he or she may sell the animals in the manner provided for the sale of property under a lien for repairs, if such charges remain unpaid. Cruelty lien: A humane officer shall provide suitable care at a reasonable cost for an animal seized under this section, and have a lien on the animal for all expenses incurred. A humane officer may arrange for the euthanasia of a severely injured, diseased, or suffering animal upon the recommendation of a licensed veterinarian. A humane officer may arrange for euthanasia of an animal seized under this section when the owner is unwilling or unable to provide necessary medical attention required while the animal is in custodial care or when the animal cannot be safely confined under standard housing conditions. |
Virginia | Veterinary/boarding lien | Any animal | Any animal not claimed by its owner from a licensed veterinarian or boarding establishment within 14 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 30 days, the balance shall be paid to the Literary Fund. If no purchaser is found, the animal may be offered for adoption or euthanized. |
WashingtonWest's RCWA 16.52.080 (cruelty lien) West's RCWA 60.56.005 et seq. (agister's lien)
| Cruelty lien for transportation Agister's lien | Domestic animal (cruelty lien) Horses, mules, cattle, or sheep (agister's lien)
| Cruelty in transportation lien: Any person who wilfully transports or confines or causes to be transported or confined any domestic animal or animals in a manner, posture or confinement that will jeopardize the safety of the animal or the public shall be guilty of a misdemeanor. And whenever any such person shall be taken into custody or be subject to arrest pursuant to a valid warrant therefor by any officer or authorized person, such officer or person may take charge of the animal or animals; and any necessary expense thereof shall be a lien thereon to be paid before the animal or animals may be recovered; and if the expense is not paid, it may be recovered from the owner of the animal or the person guilty. West's RCWA 60.56.005 et seq., "Agister and Trainer Liens--1909 Act" |
West Virginia | Boarding, pasturing, care lien | Animal not specified | A person who keeps a livery stable, or boarding stable for animals, or one who boards, pastures, feeds or trains animals for hire, has a lien upon such animals for the sum due him for the care, boarding, pasturage, feeding, or training of such animals, or the care, keeping of such animals. This lien exists even though such animals are permitted to be taken out of the possession of the one claiming such lien even if the contract has not yet terminated for the lien. |
Wisconsin | De facto cruelty/abandonment lien | Animal | A humane officer or law enforcement officer or a person contracting under s. 173.15 (1) may accept an animal delivered by a veterinarian, or his or her employee, if the animal has not been picked up by its owner and all of the following apply: 1. The veterinarian notified the owner of the animal by certified mail, return receipt requested, that the animal was ready to be picked up and that the animal would be delivered to a humane officer if not picked up within 7 days. 2. The veterinarian retained the animal for 7 days after the day on which the return receipt was signed or until the letter was returned to the veterinarian as undeliverable. 3. The veterinarian certifies in writing to the humane officer or law enforcement officer that subds. 1. and 2 apply. |
Wyoming | Ordinary lien | Domestic or wild animal | Any person is entitled to a lien on any goods, chattels or animals for his reasonable charges for work or services performed or feed provided when he:
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