Cross references.

- Penalty for false swearing, § 16-10-71.

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PART 9 V ETERINARIANS AND BOARDERS OF ANIMALS

44-14-490. Lien for treatment, board, or care of animal; right to retain possession.

1. 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.
2. 1. As used in this subsection, the term:
      1. "Charges" means:
         1. 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:
      2. 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;
      3. Farrier and veterinary fees and expenses incurred by the operator for or on behalf of the boarded animal or pet; and
      4. Fees and expenses for transportation of the animal or pet; and
         1. 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.

      5. "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.
3. Any person granted a lien by this Code section may waive such lien in writing.

(Ga. L. 1974, p. 330, § 1; Ga. L. 2005, p. 58, § 1/HB 201.)

The 2005 amendment, effective July 1, 2005, rewrote this Code section, which read: "Every licensed veterinarian and every operator of a facility for boarding animals or pets shall have a lien on each animal or pet treated, boarded, or cared for by them while in their 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 or operator of a facility shall have the right to retain the animal or pet until the charges are paid. Facilities for boarding animals or pets shall include, but not be limited to, veterinary hospitals, boarding kennels, stables, livestock sales barns, and humane societies."

JUDICIAL DECISIONS

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