(1)(a) If any charges for which a lien has been filed
pursuant to section 38-20-204 are not paid not more than thirty days after the date
such charges are due, the lienor or the lienor's assignee may file a foreclosure
action in the county or district court of the county or city and county in which:
(I)The contract between the lienor and the owner of the livestock was
entered into;
(II)The owner resided at the time the foreclosure action commenced; or
(III)The livestock are located.
(b)For purposes of this subsection (1), if the contract between the owner and
the lienor provides for continuing payments, such payments may be deemed to be
due after the default of any installment or payment, at the option of the lienor.
(2)If a lienor sells or otherwise disposes of an owner's
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(1) (a) If any charges for which a lien has been filed
pursuant to section 38-20-204 are not paid not more than thirty days after the date
such charges are due, the lienor or the lienor's assignee may file a foreclosure
action in the county or district court of the county or city and county in which:
(I) The contract between the lienor and the owner of the livestock was
entered into;
(II) The owner resided at the time the foreclosure action commenced; or
(III) The livestock are located.
(b) For purposes of this subsection (1), if the contract between the owner and
the lienor provides for continuing payments, such payments may be deemed to be
due after the default of any installment or payment, at the option of the lienor.
(2) If a lienor sells or otherwise disposes of an owner's livestock without
substantially complying with this article, such owner may recover from the lienor
the value of the livestock less the lienor's cost of caring for such livestock, but in no
event less than one hundred dollars.
(3) Nothing in this article shall require a lienor to commence a judicial action
to foreclose on an agistor's lien if the livestock is abandoned, as defined in section
38-20-207.
(4) With respect to any foreclosure action brought under this article, a copy
of the complaint shall be provided to the board before it may be filed with a court.
The failure to provide such copy is not jurisdictional but shall be required by a court.
The complaint shall show:
(a) That the lienor performed a service for the livestock owner, entitling the
lienor to a lien on the owner's livestock pursuant to section 38-20-203;
(b) That the service described in paragraph (a) of this subsection (4) was
performed at the written or verbal request of the owner or owner's agent;
(c) A description of the livestock, including the age, color, sex, markings,
scars, brands, earmarks, a statement of the lien's actual value, and, if known, the
registration number upon which the lien is claimed. A livestock group of twenty or
more may be identified by common and accepted industry practice.
(d) That a notice of demand has been provided to the owner or the owner's
agent by certified mail at their last-known address, or if not known, that personal
notice was provided pursuant to section 38-20-206 (1)(a);
(e) An itemized list of the fair market value of the charges that are due and
unpaid under the lien; and
(f) That a copy of the complaint has been provided to the board.
(5) (a) A court shall examine any complaint filed pursuant to this article
without delay. If satisfactory, the court shall order the owner to show cause why the
livestock should not be sold pursuant to the procedures in this article, which order
shall include the date and time for a hearing. Such hearing shall be held not more
than ten working days after the date of the issuance of the order.
(b) The court order set forth in paragraph (a) of this subsection (5) shall be
served on the owner at least five days before the hearing date and shall inform such
owner of:
(I) His or her right to appear and present testimony at the hearing;
(II) The fact that his or her failure to appear at the hearing may result in the
entry of a judgment by default for the lien charges described in the complaint, the
costs provided in this part 2, attorney's fees, and any other relief to which the
plaintiff is entitled.
(6) If either party requests that the hearing date be delayed more than five
days, the court, in its discretion and upon good cause shown, may require the
requesting party to post bond. The bond amount shall be sufficient to pay the
opposing party such amount as he or she may be entitled because of the delay. The
bond shall be secured by two or more sureties, one corporate surety authorized to
do business in this state, or a cash or property bond, whichever the court may
approve.