Full Statute Name:  Code of Alabama. Title 35. Property. Chapter 11. Liens. Article 5. Liens of Particular Persons or Classes of Persons. Division 16. Veterinarians.

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Primary Citation:  Ala. Code 1975 § 35-11-390 - 391 Country of Origin:  United States Last Checked:  September, 2017 Alternate Citation:  AL ST § 35-11-390 - 391 Date Adopted:  1961
Summary:

This Alabama section relates to veterinary liens. The law states that 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.

Statute Text: 

§ 35-11-390. Lien declared

Every veterinarian duly licensed to practice veterinary medicine and surgery in the State of Alabama who holds a certificate of qualification as provided by Chapter 29 of Title 34 shall have a lien on every animal kept, fed, treated or surgically treated or operated on by him while in his custody and under contract with the owner of such animal, for payment of his charges for keeping, feeding, treating or surgically treating or operating on such animal, and he shall have the right to retain such animal until said charges are paid.

Credits

(Acts 1961, No. 718, p. 1026, § 1.)


§ 35-11-391. Enforcement of lien.

(a) If the charges due for the services named in Section 35-11-390 are not paid within 10 days after demand therefor on the owner of said animal, in person or by registered or certified mail, addressed to him at the address given when said animal is delivered to the veterinarian, the veterinarian is authorized to sell the animal either at public or private sale, and if he does not succeed in selling such animal within 15 days after the date of the demand for payment was made in person or by registered or certified mail, then the veterinarian may dispose of such animal in any other manner that he deems proper.

(b) When any animal is sold by a veterinarian as authorized in subsection (a) of this section to satisfy a lien for any of the services enumerated in Section 35-11-390, any surplus realized from the sale less said charges and any expenses incurred in making the demand for payment thereof or in connection with the sale shall be paid to the owner of the animal.

(c) Failure of the owner of any such animal to receive the demand by registered or certified mail provided for in subsection (a) of this section, if addressed as therein specified, shall not render the veterinarian liable to the owner of such animal for the disposal of said animal in any manner provided in this division.

(d) No legal proceeding for the enforcement of the lien created by Section 35-11-390 shall be necessary other than compliance with the requirements herein provided.

Credits

(Acts 1961, No. 718, p. 1026, §§ 2-5.)

 

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