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Indiana
Indiana Liens for Services to Horses
NOTE: Indiana has a farrier's lien but no liens specifically
for veterinarians or breeders. However, the Indiana agister's
lien is broad enough to cover board charges for residential
veterinarian or breeding services.
I. Farrier's Lien
INDIANA CODE
TITLE 32. PROPERTY
ARTICLE 8. MORTGAGES AND LIENS ON REAL AND PERSONAL PROPERTY
CHAPTER 21. PERSONALTY: BLACKSMITH'S LIEN
32-8-21-1 Shoeing animals or repairing vehicles; lien, precedence
Sec. 1. Every person who at the request of his owner or his
authorized agent shall shoe, or cause to be shod by his employees,
any horse, mule, ox or other animal, or shall repair any vehicle,
or cause the same to be repaired by his employees shall have
a lien upon the animal shod or vehicle repaired for his reasonable
charge for shoeing or repairing the same, and each lien conferred
by this chapter shall take the precedence of all other liens
or claims thereon not duly recorded prior to recording claim
of lien as hereinafter provided; but such lien shall not attach
where the property has changed ownership prior to the filing
of such lien.
32-8-21-2
Filing intention to claim lien; recording lien
Sec. 2. Any person desiring to secure the benefits of this
chapter shall, within sixty (60) days after the shoeing
of a horse, a mule, an ox or other animal, or repairing
a vehicle, file with the recorder of the county in which
the owner of the animal or vehicle resides claim for a lien
in writing, setting forth the person's intention to claim
a lien upon the animal or vehicle for the charges for shoeing
or repairing. However, this lien shall be recorded in the
miscellaneous record book in the recorder's office of the
county. The recorder shall charge a fee in accordance with
IC 36-2-7-10 for recording the lien.
32-8-21-3 Contents of claim for lien; expiration of lien
Sec. 3. Such claim for lien shall state the name and residence
of the person claiming the lien, the name of the owner of
the animal or vehicle sought to be charged with the lien
and a description sufficient for indentification [FN1] of
the animal or vehicle upon which the lien is claimed and
the amount due the claimant, as near as may be, over and
above all legal set-offs. The claim for lien filed with
the recorder of the county under section 2 of this chapter
shall expire and become void and of no effect if suit is
not brought to foreclose the same within three (3) months
after filing claim therefor.
32-8-21-4 Foreclosure of lien
Sec. 4. Said lien may be foreclosed in any circuit or superior
court in the county wherein said lien is recorded.
32-8-21-5 Attorney's fees
Sec. 5. In all cases where the plaintiff recovers on said
claim and said lien is foreclosed, the plaintiff shall recover
and the court is hereby authorized to allow a reasonable
fee for plaintiff's attorney for bringing and prosecuting
said cause of action, all of which shall be recovered of
and from the defendant and the property in controversy may
be sold as in case of sales in foreclosure of chattel mortgages.
32-8-21-6 Construction of law
Sec. 6. This chapter shall in no way be construed to amend
the law in effect on April 26, 1915, as applying to mechanics'
liens.
II. Agister's Lien
TITLE 32. PROPERTY
ARTICLE 8. MORTGAGES AND LIENS ON REAL AND PERSONAL PROPERTY
CHAPTER 29. PERSONALTY: INDIANA CODE LIEN FOR LIVESTOCK
CARE AND FEEDING
32-8-29-1 Feed and care bestowed upon livestock
Sec. 1. The keepers of livery stables and all others engaged
in feeding horses, cattle, hogs and other livestock shall
have a lien upon such property for the feed and care bestowed
by them upon the same, and shall have the same rights and
remedies as are provided for those persons having, before
July 24, 1853, by law, such lien in IC 32-8-30.
32-8-30-1 Sale of property to satisfy unpaid charges
Sec. 1. Whenever any person shall entrust to any mechanic
or tradesman materials to construct, alter, or repair any
article of value, such mechanic or tradesman, if the same
be completed and not taken away, and his fair and reasonable
charges not paid, may, after sixty (60) days from the time
such charges became due, sell the same; or, if the same
be susceptible of division, without injury, he may sell
so much thereof, as is necessary to pay such charges.
32-8-30-2 Notice of sale
Sec. 2. Before such sale, such mechanic or tradesman shall
give notice of the amount due and the time and place of
the sale by mailing a certified or registered letter, return
receipt requested, to the last known address of the entrusting
person or owner at least thirty (30) days before the date
of the sale.
32-8-30-3 Proceeds of sale; disposition
Sec. 3. (a) The proceeds of a sale that takes place under
section 1 of this chapter, after payment of charges for
construction or repair and for giving notice by registered
or certified mail, shall be:
(1) returned to the entrusting person or the owner if his
identity and mailing address are known; or
(2) deposited with the treasurer of the county in which
the construction or repair work was performed.
(b) If the entrusting person or owner does not claim the
article within the thirty (30) days before the date of the
sale and pay for the construction, alteration, or repair
and provide reimbursement for the expenses of notification,
the mechanic or tradesman may proceed with the sale pursuant
to the terms of the notice.
32-8-30-4 Application of law
Sec. 4. The provisions of this chapter, except those of
section 5 of this chapter, shall apply to all cases of personal
property on which the bailee or keeper has, by law, a lien
for any feed or care by him bestowed on such property; however,
in cases where the person liable shall die before the expiration
of sixty (60) days from the time such charges had accrued,
such sale shall not be made until the expiration of sixty
(60) days from the time of his decease.
32-8-30-5 Animals; perishable property; time for disposal of property
Sec. 5. In cases embraced in section 4 of this chapter,
if the property bailed, or kept, be horses, cattle, hogs,
or other livestock, and in all cases embraced in this chapter,
where the property is of a perishable nature, and will be
greatly injured by delay, the person to whom such charges
may be due may, after the expiration of thirty (30) days
from the time when such charges shall have become due, proceed
to dispose of so much of such property as may be necessary,
as hereinbefore provided.
32-8-30-6 Additional compensation taken from proceeds of sale
Sec. 6. Additional compensation for keeping and taking care
of such property, necessarily incurred, may be taken from
the proceeds of sale, as part of the charges.
32-8-30-8 Forwarding and commission merchant
Sec. 8. Any forwarding and commission merchant having a
lien upon goods which may have remained in store for one
(1) year or more, may proceed to advertise and sell, at
public auction, so much thereof as may be necessary to pay
the amount of the lien and expenses, according to the provisions
of this chapter.
32-8-30-9 Receipt for entrusted articles
Sec. 9. All mechanics, tradesmen, or bailees taking advantage
of this chapter, at the time of the entrusting, must issue
a receipt to the person entrusting the article to them.
The receipt must conspicuously state, "All articles
left on the premises after work is completed may be sold
for charges.".
Liens for the Care of Horses
INDIANA CODE
TITLE 32. PROPERTY
ARTICLE 33. LIENS ON REAL PROPERTY
CHAPTER 8. LIVESTOCK CARE AND FEEDING LIENS
32-33-8-1 Feed and care bestowed upon livestock; mechanic's and tradesman lien
Sec. 1. The keeper of a livery stable or a person engaged in feeding horses, cattle, hogs, and other livestock:
(1) has a lien upon the livestock for the feed and care bestowed by the keeper upon the livestock; and
(2) has the same rights and remedies as are provided for those persons having, before July 24, 1853, by law, a lien under IC 32-33-9.
CHAPTER 9. MECHANIC'S AND TRADESMAN'S LIENS
32-33-9-1 Sale of property to satisfy unpaid charges
Sec. 1. If a person entrusts to a mechanic or tradesman materials to construct, alter, or repair an article of value, the mechanic or tradesman, if the construction, alteration, or repair is completed and not taken away and the mechanic's or tradesman's fair and reasonable charges not paid, may, after sixty (60) days after the charges became due:
(1) sell the article of value; or
(2) if the article of value is susceptible of division, without injury, may sell as much of the article of value as is necessary to pay the charges.
32-33-9-2 Notice of sale
Sec. 2. Before a sale under section 1 of this chapter, the mechanic or tradesman must give notice of the amount due and the time and place of the sale by mailing a certified or registered letter, return receipt requested, to the last known address of the entrusting person or owner at least thirty (30) days before the date of the sale.
32-33-9-3 Proceeds of sale; failure to claim article and pay expenses
Sec. 3. (a) The proceeds of a sale that takes place under section 1 of this chapter, after payment of charges for construction or repair and for giving notice by registered or certified mail, shall be:
(1) returned to the entrusting person or owner if the identity and mailing address of the entrusting person or owner are known; or
(2) deposited with the treasurer of the county in which the construction or repair work was performed.
(b) If the entrusting person or owner does not:
(1) claim the article within the thirty (30) days before the date of the sale;
(2) pay for the construction, alteration, or repair; and
(3) provide reimbursement for the expenses of notification; the mechanic or tradesman may proceed with the sale according to the terms of the notice.
32-33-9-4 Application of chapter
Sec. 4. Except as provided in section 5 of this chapter, this chapter applies to all cases of personal property on which the bailee or keeper has, by law, a lien for any feed or care by the bailee or keeper provided on the property. However, in cases where the person liable dies before the expiration of sixty (60) days after the charges accrued, the sale may not be made until at least sixty (60) days after the date of the person's death.
32-33-9-5 Disposal of animals or perishable property
Sec. 5. For personal property described in section 4 of this chapter, if the property bailed or kept is:
(1) horses;
(2) cattle;
(3) hogs;
(4) other livestock; or
(5) other property covered in this chapter that is of a perishable nature and will be greatly injured by delay; the person to whom the charges may be due may, after the expiration of thirty (30) days after the charges become due, proceed to dispose of as much of the property as may be necessary, as provided in this chapter.
32-33-9-6 Additional compensation taken from proceeds of sale
Sec. 6. Additional compensation for keeping and taking care of property referred to in section 5 of this chapter, if necessarily incurred, may be taken from the proceeds of sale under section 5 of this chapter as part of the charges.
32-33-9-7 Forwarding and commission merchant
Sec. 7. A forwarding and commission merchant having a lien upon goods that may have remained in store for at least one (1) year may proceed to advertise and sell at public auction as much of the goods as may be necessary to pay the amount of the lien and expenses, according to the provisions of this chapter.
32-33-9-8 Receipt for entrusted articles
Sec. 8. All mechanics, tradesmen, or bailees taking advantage of this chapter, at the time of the entrusting, must issue a receipt to the person entrusting the article to them. The receipt must conspicuously state, "All articles left on the premises after work is completed may be sold for charges."
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