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Georgia

West's Code of Georgia Annotated. Title 44. Property. Chapter 14. Mortgages, Conveyances to Secure Debt, and Liens. Article 8. Liens. Part 9. Veterinarians and Boarders of Animals

Statute Details
Printable Version
Citation: Ga. Code Ann., 44-14-490

Citation: GA ST 44-14-490


Last Checked by Web Center Staff: 11/2013

Summary:   This section of Georgia laws deals with veterinary liens. 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.


Statute in Full:

§ 44-14-490. Liens for payment of charges for treatment, board or care

§ 44-14-491. Notice to owner; sale or disposition

§ 44-14-492. Surplus realized from sale

§ 44-14-493. No other legal proceeding necessary

§ 44-14-494. Disposal of animal not to constitute cruelty to animals

 

 

§ 44-14-490. Liens for payment of charges for treatment, board or care

(a) Every licensed veterinarian shall have 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; and the veterinarian shall have the right to retain the animal or pet until the charges are paid.

(b)(1) As used in this subsection, the term:

(A) “Charges” means:

(i) Any charges, fees, expenses, and reimbursements which have been contracted for, agreed to, or otherwise mutually acknowledged by written agreement, course of conduct, or understanding, including but not limited to:

(I) Board, care, services, and treatment of the animal or pet, whether provided by the operator or by a third party and incurred by the operator;

(II) Farrier and veterinary fees and expenses incurred by the operator for or on behalf of the boarded animal or pet; and

(III) Fees and expenses for transportation of the animal or pet; and

(ii) Late payment fees, returned check fees, and all costs of collection, including but not limited to reasonable attorney's fees and expenses of litigation and costs of sale.

Charges shall not include fees, expenses, or commissions of any kind relating to purchase, sale, or lease of such animal or pet, other than a sale pursuant to Code Section 44-14-491.

(B) “Facility for boarding animals or pets” shall include, but not be limited to, veterinary hospitals, boarding kennels, stables, livestock sales barns, and humane societies.

(2) Every operator of a facility for boarding animals or pets which facility is licensed by the Department of Agriculture, other than a licensed veterinarian, shall have a lien on each animal or pet in his or her care for the payment of all charges of such operator; and the operator of such a facility shall have the right to retain the animal or pet until the charges are paid in full.

(c) Any person granted a lien by this Code section may waive such lien in writing.

CREDIT(S)

Laws 1974, p. 330, § 1; Laws 2005, Act 18, § 1, eff. July 1, 2005.

 

§ 44-14-491. Notice to owner; sale or disposition

(a)(1) If the charges due for any services enumerated in Code Section 44-14-490 are not paid within ten days after the demand therefor on the owner of the animal or pet or if the animal or pet is not picked up within ten days after the demand therefor on the owner of the animal or pet, which demand shall be made in person or by registered or certified mail or statutory overnight delivery with return receipt requested and addressed to the owner at the address given when the animal or pet was delivered, the animal or pet shall be deemed to be abandoned and the licensed veterinarian or operator of a facility is authorized to dispose of the animal or pet in such manner as such veterinarian or operator shall determine. Such ten-day period will begin to run on the date the demand is postmarked or the date the verbal command is communicated in person and shall be noted on the veterinarian's or operator's file on the animal or pet. For purposes of this subsection, the term “dispose of” means selling the animal or pet at public or private sale, giving the animal or pet away, or turning the animal or pet over to any humane society or animal shelter or other such facility. Where no such shelter facility exists within a 50 mile radius of the veterinarian or operator of a facility's place of business and the veterinarian or operator has been unable to sell or give the animal away, then the veterinarian or operator is authorized to euthanize the animal in a humane manner.

(2) On the day of the disposal of the animal or pet, the veterinarian or operator of a facility shall notify the owner in person, by telephone, or by registered or certified mail or statutory overnight delivery with return receipt requested at the address given when the animal or pet was delivered, of the date of the disposal and the manner in which the animal was disposed.

(3) The disposal of an animal or pet as provided in this Code section shall not relieve the owner or owner's agent of any financial obligations incurred for treatment, boarding, or care by a veterinarian or operator of a facility for boarding animals or pets.

(b) The giving of notice to the owner as provided for in subsection (a) of this Code section shall relieve the licensed veterinarian, the operator of a facility for boarding animals or pets, or any custodian who disposes of such animal or pet of any further liability for such disposal.

(c) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail or statutory overnight delivery provided for in paragraph (1) of subsection (a) of this Code section shall not render the licensed veterinarian or operator of a facility liable to the owner of such animal or pet for the disposal thereof in any manner provided in this Code section.

CREDIT(S)

Laws 1974, p. 330, § 2; Laws 1984, p. 572, § 1; Laws 1993, p. 1044, § 1; Laws 2000, p. 1589, § 3.

 

§ 44-14-492. Surplus realized from sale

When any animal or pet is sold as authorized in this part to satisfy a lien for any of the services enumerated in Code Section 44-14-490, any surplus realized from the sale after payment of the charges and any expenses incurred in making the demand for payment thereof in connection with the sale shall be paid to the owner of the animal or pet.

CREDIT(S)

Laws 1974, p. 330, § 3.

 

 

§ 44-14-493. No other legal proceeding necessary

Other than compliance with the requirements of this part, no legal proceedings shall be necessary for the enforcement of the lien created by this part.

CREDIT(S)

Laws 1974, p. 330, § 4.

 

§ 44-14-494. Disposal of animal not to constitute cruelty to animals

It shall not constitute a violation of Code Section 16-12-4 if a licensed veterinarian or an operator of a facility for boarding animals or pets disposes of an animal or pet as provided in Code Section 44-14-491.

CREDIT(S)

Laws 1984, p. 572, § 2; Laws 1985, p. 149, § 44.


 



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