California Code of Civil Procedure 1208.5 – A person having a lien upon an animal or animals under the provisions …
A person having a lien upon an animal or animals under the provisions of Section 597a or 597.1 of the Penal Code may satisfy the lien in any of the following ways:
(a) If the lien is not discharged and satisfied, by the person responsible, within three days after the obligation becomes due, the person holding the lien may resort to the proper court to satisfy the claim.
Terms Used In California Code of Civil Procedure 1208.5
- County: includes "city and county. See California Code of Civil Procedure 17
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Property: includes both personal and real property. See California Code of Civil Procedure 17
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(b) Three days after the charges against the property become due, sell the property, or an undivided fraction thereof as may become necessary, to defray the amount due and costs of sale, by giving three days’ notice of the sale by advertising in some newspaper published in the county, or city and county, in which the lien has attached to the property.
(c) If there is no newspaper published in the county, by posting notices of the sale in three of the most public places in the town or county for three days previous to the sale. The notices shall contain an accurate description of the property to be sold, together with the terms of sale, which shall be for cash, payable on the consummation of the sale. The proceeds of the sale shall be applied to the discharge of the lien and the costs of sale; the remainder, if any, shall be paid over to the owner, if known, and if not known shall be paid into the treasury of the humane society of the county, or city and county, where the sale takes place. If there is no humane society in the county, then the remainder shall be paid into the county treasury.
(Amended by Stats. 2019, Ch. 256, Sec. 2. (SB 781) Effective January 1, 2020.)