Unless a particular jurisdiction grants a breeder a common law breeder's lien or has a statute providing for such a lien, a breeder should specifically contract for such a lien for the breeder's service fee. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A New York Notice of Breeder's Lien is a legal document that serves as an official notice of a breeder's claim to a lien on an animal for unpaid breeding services or related expenses. This document outlines the details of the debt and the rights of the breeder to potentially seize and sell the animal if the owed amount remains unpaid. In New York, there are two main types of Notice of Breeder's Lien: 1. Statutory Breeder's Lien: The statutory breeder's lien is governed by Article 37-A of the New York Agriculture and Markets Law. This law grants breeders the right to claim a lien on an animal for unpaid breeding services or expenses incurred, including boarding, feeding, and veterinary costs. When a breeder files a notice of lien with the appropriate authorities, it places a legal claim on the animal, and the breeder can seek legal remedies to recover the debt. 2. Common Law Breeder's Lien: Apart from the statutory lien, breeders in New York may also have rights under common law. The common law breeder's lien arises from the contractual relationship between the breeder and the animal owner. This type of lien is established through a written agreement that outlines the terms and conditions of the breeding services and related expenses. If the breeder files a notice of lien with the relevant authorities, it reinforces their claim and strengthens their position in any legal disputes. In both types of breeder's lien, the notice must include specific information to be considered valid. This typically includes the name and contact information of the breeder, the animal's description (species, breed, color, sex), the date when breeding services were provided, a detailed breakdown of the amount owed, and any additional relevant terms of the contract. It is important for breeders to understand the legal requirements and procedures associated with filing a Notice of Breeder's Lien in New York to protect their rights and secure payment for their services. Seeking legal advice or consulting with an experienced attorney can assist breeders in ensuring that their notice is correctly filed and their rights are adequately protected.