State Equine Agister's-Feed Liens
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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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