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Home Self Help Filing a Lien for Livestock (Agistor's Lien)
Home Self Help Filing a Lien for Livestock (Agistor's Lien)
Filing a Lien for Livestock (Agistor's Lien)
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

  • What is an Agistor's Lien?
    • 1. General Information about an Agistor's Lien
      • See JDF 131 Instructions for an Agistor's Lien for complete instructions on how to complete the required forms.

        An Agistor is a person engaged in the business of feeding, herding, pasturing, keeping, ranching or boarding livestock or providing for the medical care of livestock.

        An Agistor’s Lien is a lien placed upon the livestock entrusted to the Agistor's care for any amount that may be due for feeding and providing care for the livestock.

        An Agistor’s Lien is effective for the entire period during which the livestock is held by the Agistor. If the livestock is sold, exchanged, or otherwise disposed of by someone other than the Agistor or the Agistor’s agent, the lien continues and attaches to the proceeds of the sale, exchange or disposition.

        The lien amount is limited to the value of $15,000 in County Court.

        If the amount exceeds $15,000 you must file in District Court.

        Before documents can be filed in the Court, the Agistor’s Lien must be filed with the Secretary of State at www.sos.state.co.us or with the County Clerk and Recorder in the county where the livestock are located.

        The lien must be filed for at least 30 days before foreclosure. After 30 days a foreclosure action may be filed in the County or District Court, depending on the amount of the lien.

        For additional information, please review Colorado Revised Statutes §38-20-201-210.

         

    • 2. How do I file an Agistor's Lien?
      • See JDF 131 Instructions for an Agistor's Lien for complete instructions on how to complete the required forms.

         

        Step One:

        JDF 132 Agistor's Lien

        Before you can file anything with the Court, you must first file either a lien with the Secretary of State or file a form JDF 132 Agistor's Lien with the Clerk and Recorder in the county where the livestock are located.

        The Colorado Secretary of State will only accept electronic filings using the Agistor's Lien form  on their website at www.sos.state.co.us.

        The filing of this lien serves as notice of what the lien says and of the legal effect of the lien.

         

        JDF 133 Complaint for Foreclosure on Agistor's Lien

        If you have not received payment from the owner of the livestock after 30 days from the date you filed the lien identifying the money that was owed, the JDF 133 Complaint for Foreclosure on Agistor's Lien form can be filed with the County Court if the amount is $15,000 or less, or with the District Court if the amount is more than $15,000. The Complaint must be filed in the county where the:

        Contract was entered into; or

        Owner resided at the time the foreclosure action commenced; or

        Livestock are located

        A JDF 136 Notice of Demand must be provided to the owner of the livestock or the owner’s agent by certified mail at their last-known address. This Notice must be provided to the owner at least 15 days before any sale. Attach the return receipt from the Post Office to the Complaint. If the address is not known, notice by publication can be provided pursuant to §38-20-206(1)(a), C.R.S.

         

        JDF 134 - Order to Show Cause re: Sale of Livestock

        Complete the caption box only on the JDF 134 Order to Show Cause form. The Court will complete the appropriate sections of this form after the Complaint has been reviewed by the Court.

        If you have received a judgment by the Court, you may proceed to sell the livestock to satisfy the lien and get your money.

        The hearing date will be scheduled not more than 10 working days after the date the Order to Show Cause is issued by the Court.

         

        JDF 135 - Order re: Judgment on Agistor's Lien

        Complete the caption only on the JDF 135 Order and Judgment form.

        The Court will complete the appropriate sections of this form following the hearing.

         

        Step 2:

        Mail the JDF 133 Complaint to the State Board. Before you file the Complaint with the Court you must send a copy of the JDF 133 Complaint to the State Board of Livestock Inspection at

        Colorado Department of Agriculture
        305 Interlocken Parkway
        Broomfield, CO 80021
        (303) 869-9000

        For additional information, please review the Department of Agriculture website at http://www.colorado.gov/ag  and then select Divisions to access the Brand Inspection Division.

         

        Step 3:

        You are ready to file your documents with the Court:

        JDF 132 Agistor's Lien

        JDF 133 Complaint for Foreclosure on Agistor's Lien                                                                                                                                               

        JDF 134 Order to Show Cause: Sale of Livestock                                                                                                                                                   

        JDF 135 Order and Judgment: Agistor's Lien

        If the Complaint has not been signed in the presence of a Notary Public, you will sign the Complaint before the court clerk at this time.

         

        The Court will review the Complaint and, if satisfactory, will issue an Order to Show Cause why the livestock should not be sold and a court date will be set.

         

        Step 4:

        You are ready to have the Defendant(s) served. The Service of Process page provides complete instructions on the process. Service must be completed at least five business days before the Show Cause hearing date. Provide the person who will complete service a set of the following forms for each Defendant:

        JDF 133 Complaint for Foreclosure of Agistor’s Lien

        JDF 134 Order to Show Cause re: Sale of Livestock

        In addition, attach the exhibits identified in the Complaint.

        Provide the process server with a JDF 98 Affidavit of Service for each Defendant.

        The process server will return the original Order to Show Cause to you with the Affidavit of Service completed.

        Each Defendant must be served at least 5 business days before the hearing date specified in the JDF 134 Order to Show Cause re: Sale of Livestock form.

        Step 5: 

        After Service is complete, return the original JDF 134 Order to Show Cause re: Sale of Livestock, along with the completed Affidavit of Service, to the court clerk on or before the hearing date.

        Step 6:

        Appear on your court date for the Show Cause hearing. If you fail to appear, your case may be dismissed. Be prepared for your hearing. Once the Court issues the JDF 135 Order re: Judgment on Agistor’s Lien and judgment is in favor of the Plaintiff, the sale of the livestock may be completed to satisfy the amount of the lien. The sale shall take place not more than 45 days after the entry of judgment at the nearest Public Livestock Market in Colorado.

        Step 7:

        You must notify the owner of the livestock at least 15 days before the sale in compliance with §38-20-206, C.R.S.

        The JDF 136 Notice of Demand must include the time and place of the sale and a description of the livestock to be sold.

        The Notice of Demand also must be provided to the owner or the owner’s agent by certified mail at their last-known address. If the address is not known, the Notice of Demand must be served by publication in one newspaper in the county where you live, or you can post it in three public places and deliver a copy to the owner or owner’s agent in compliance with §38-20-206(1)(a), C.R.S.

        The Public Livestock Market must pay you from the sale proceeds the reasonable cost of the foreclosure (filing fees, etc.), the notice, sale and the reasonable and necessary charges you incurred for preserving, maintaining, feeding, boarding, pasturing, caring, and keeping the livestock up to the date of the sale.

        The reasonable cost of keeping the livestock up to the date of the sale must not exceed $5.00 per head per day.

        Any remaining proceeds and any unsold livestock must be forwarded to the Court for distribution to the owner or the owner’s agent.

        If the owner or owner’s agent are not known and cannot be found, the sale proceeds must be returned to the Brand Board.

        The Public Livestock Market must file a bill of sale with the Court that entered the Order re: Judgment. The bill of sale shall include the amount for each animal that was sold and the name of each purchaser.

         

         

         

         

         

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