GA Code § 44-14-490 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 8 - Liens|Part 9 - Veterinarians and Boarders of Animals|§ 44-14-490. Lien for Treatment, Board, or Care of Animal; Right to Retain Possession

  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.     As used in this subsection, the term:   "Charges" means:   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:     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;   Farrier and veterinary fees and expenses incurred by the operator for or on behalf of the boarded animal or pet; and   Fees and expenses for transportation of the animal or pet; and   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.    "Facility for boarding animals or pets" shall include, but not be limited to, veterinary hospitals, boarding kennels, stables, livestock sales barns, and humane societies.     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.     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."   Cross references.   - Regulation of veterinary practice generally, Ch. 50, T. 43.   JUDICIAL DECISIONS   Retaining animals until charges paid.    - Trial court did not err in granting summary judgment in favor of the veterinarian because the owner of the dog agreed to have the veterinarian treat the dog for the parvo virus in exchange for payment of at least the estimated costs; the owner did not cite any evidence creating a genuine issue of material fact as to the accuracy or validity of any of the charges on the itemized bill; and the veterinarian acted properly in relying on the veterinary lien statute to retain the dog when the owner failed to pay the bills. Gomez v. Innocent, 330 Ga. App. 260, 765 S.E.2d 405 (2014).   RESEARCH REFERENCES   Am. Jur. 2d.   - 8 Am. Jur. 2d, Bailments, §§ 190 et seq., 194 et seq.   C.J.S.   - 8 C.J.S., Bailments, § 80 et seq.