If the animals owner does not pay bills for board or vet bill, can I put a lien against the animal?
04/27/2009 - Animals - State: AZ #16154
I HAVE A HORSE OWNER WHO DOES NOT PAY HER BOARD OR VET BILL. SHE DOES NOT PAY FOR SUPPLEMENTS, OR WORMING OR SHOEING. IF SHE DOES, IT CAN BE 4 TO 5 MONTHS LATE AND NOT IN FULL FOR BACK BILLS. SHE HAS SEEN THE HORSE TWICE IN TWO YEARS FOR 10 MINUTES. I TRAIN AND KEEP THE HORSE IN TOP SHAPE LIKE MY OWN. HER HORSE IS A PART OF OUR FAMILY. I WANT TO TELL HER IF YOU DO NOT PAY THEN I CAN TAKE OWNERSHIP OF HER HORSE? IN THE STATE OF AZ WHEN CAN I DO THIS? THE HORSE HAS AQHA PAPERS.
In Arizona, if a person is 20 days overdue in payment for the upkeep of livestock, the holder of the animal may file a lawsuit to claim ownership, based upon a lien on the animal. If the owner doesn't pay the judgment given to the holder within 10 days of the final judgment, the holder becomes the new owner.
The following is an AZ statute:
A. A person who furnishes pasture, feed or other services for livestock on the premises of that person has a lien on the stock for the amount of the charges that are due and unpaid. A person having such lien may retain the stock until the charges are paid. If possession continues for twenty days after the charges accrue, and the charges have not been paid, the person retaining possession of the stock may perfect the amount of the lien by filing an action in either superior court or justice court, according to the amount in controversy, in the jurisdiction of the holder of the stock. The hearing shall be held not less than ten and not more than twenty days after the date the action is filed in court. If the prevailing party does not receive payment due within ten days after the final judgment of the court, the prevailing party becomes the owner of the stock. The court shall award the prevailing party court costs and reasonable attorney's fees.
B. On presenting a judgment of the court in the appropriate jurisdiction awarding ownership to the holder of the stock in satisfaction of the lien, the department shall issue to the holder of the stock such ownership and hauling certificates, certificates of inspection or other papers ordinarily required on the transfer of ownership of livestock.
04/27/2009 - Category: Animals - State: AZ #16154
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