1997 Minnesota Statutes

     514.92 Veterinarian's lien. 

    Subdivision 1.    Attachment.  A licensed veterinarian 
 who performs emergency veterinary services that cost more than 
 $25 for animals at the request of the owner or a person in 
 possession of the animals has a lien on the animals for the 
 value of the services.  Emergency veterinary services include 
 surgical procedures, administering vaccines, antisera, and 
 antibiotics, and other veterinary medicines, treatments, and 
 services that are performed primarily to protect human health, 
 to prevent the spread of animal diseases, or to preserve the 
 health of the animal or animals treated.  

    Subd. 1a.    Filing and perfecting lien.  The 
 veterinarian must file a lien statement in the appropriate 
 filing office for a financing statement covering the animals to 
 be filed under section 336.9-401 by 180 days after the last item 
 of the veterinary service is performed.  A lien does not include 
 any veterinary services performed more than one year before the 
 date on which the last item of the veterinary service is 
 performed.  The lien is perfected by properly filing the lien 
 statement.  Notwithstanding section 336.9-402, there is no 
 requirement in filing to give the social security number or the 
 Internal Revenue Service taxpayer identification number of the 
 debtor. 

    Subd. 2.    Lien statement.  (a) A lien statement must 
 be verified and state: 

    (1) the name of the owner, or reputed owner, of the 
 animals; 

    (2) the name of the person for whom the veterinary services 
 were performed; 

    (3) the kind, number, and reasonable identification of 
 animals treated; 

    (4) the dates when the veterinary services were begun and 
 finished; 

    (5) the fraction of veterinary services performed that were 
 primarily to protect human health, to prevent the spread of 
 animal diseases, or to preserve the health of the animal or 
 animals treated; 

    (6) the reasonable value of the veterinary services 
 rendered, or the price contracted between the parties; and 

    (7) the name and address of the veterinarian claiming the 
 lien. 

    (b) The provisions of section 514.74 relating to 
 inaccuracies in lien statements apply to lien statements under 
 this subdivision. 

    Subd. 3.    Enforcement of lien.  An action to enforce a 
 perfected lien under this section must be started by one year 
 after the date the last item of the veterinary service was 
 performed.  A perfected lien may be enforced in the manner 
 prescribed for security interests under sections 336.9-501 to 
 336.9-508. 

    Subd. 4.    Priority of lien.  (a) A perfected 
 veterinarian's lien under this section has priority over other 
 liens and security interests on the same animals to the extent 
 the veterinary services were performed primarily to protect 
 human health, to prevent the spread of animal diseases, or to 
 preserve the health of the animal or animals treated. 

    (b) A veterinarian's lien has priority over a security 
 interest perfected before the veterinarian's lien only if the 
 security interest is perfected after March 22, 1986. 

    (c) The priority among veterinarian's liens filed under 
 this section is according to the first lien filed. 

    Subd. 5.    Termination.  (a) A veterinarian's lien 
 under this section terminates: 

    (1) 180 days after the last item of the veterinarian's 
 services was performed if a proper lien statement is not filed; 
 or 

    (2) one year after the lien is filed if an action to 
 enforce the lien has not been started. 

    (b) A filing officer may remove and destroy terminated lien 
 statements in the same manner as provided for a financing 
 statement under section 336.9-410. 

    HIST: 1967 c 855 s 1; 1983 c 301 s 218; 1986 c 398 art 9 s 1; 
 1997 c 110 s 1-6