Lien for Texas Large Animal Vets to Take Effect September 1, 2009

Beginning September 1, 2009, all large animal veterinarians in the state of Texas will have a lien on treated animals to secure payment of vet bills. This lien will be effective both before and after the animal is released to the owner.
 
Prior to the effective date of this legislation, veterinarians have no statutory lien on treated animals to secure veterinary services other than board. See "Liens for Veterinarians and Farriers in Texas" (February 18, 2008)

 

As of January 2009, twenty-eight other states provide veterinarians with a statutory lien. Texas's lien is unique in that it only applies to large animals (livestock) and is not purely possessory in nature (i.e. allows repossession after the animal is taken by its owner).

*The passage of this lien doesn't mean the vet "has" to take the treated animal as payment...it's just there as an alternative collections measure.*

The final bill (S.B. 1806, proposed by this firm and carried by Senator Judith Zaffirini) will be codified in Section 70.010 in the Texas Property Code.
 
This lien may give veterinarians some leverage in getting paid for their services, even if the lien is not ultimately enforced.
 

FACTS ABOUT THE NEW STATUTE:

1) The lien will only apply to amounts that become due to vets after September 1, 2009.

2) When the vet maintains possession of the animal, the vet's lien will have priority over all other liens.

3) Once the vet relinquishes possession of the animal, the vet's lien should be filed of record in the county where the services were rendered and with the Secretary of State.  The vet's lien, post possession, takes priority in the order of filing the notice, per Article 9 of the Uniform Commercial Code.

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://equinelaw.alisonrowe.com/admin/trackback/147591
Comments (1) Read through and enter the discussion with the form at the end
Julia Dodd - August 31, 2009 4:16 PM

Love your web site and love your pratice focus. I am an attorney that did litigation but got burned out. you are so smart to be going after what you love!

Julia Dodd RPh JD

Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?