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:
§ 1208.5.Satisfaction of Lien
Title 4. Of the Enforcement of Liens · Chapter 4. Certain Liens Upon Animals · Last amended 2020 · Last verified July 29, 2026
In one sentenceSection 1208.5 lets a person holding an animal lien under Penal Code § 597a or § 597.1 satisfy that lien by going to court, or by selling the animal after three days' default with newspaper or posted notice, applying the proceeds to the debt and costs and returning any surplus to the owner or, if unknown, to a local humane society or the county treasury.
Full Text of § 1208.5
(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.
(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.
Plain-English Summary
California's Penal Code gives certain caretakers — people who board, care for, or take in an animal under §§ 597a and 597.1 — a lien on that animal for what they're owed. This section, in Title 4's Chapter 4, tells the lienholder how to collect on it.
The first option is judicial: if the obligation isn't paid within three days after it becomes due, the lienholder can go to the proper court to satisfy the claim. The second option is a private sale: three days after the charges become due, the lienholder can sell the animal, or however much of an interest in it is needed to cover the debt and sale costs, after giving three days' notice by publishing in a newspaper in the county.
If there's no newspaper published in the county, the lienholder posts the sale notice in three of the most public places in the town or county for three days before the sale. Either way, the notice has to accurately describe the animal and state the terms of sale, which must be cash paid at the time of sale. The sale proceeds go first to satisfy the lien and the costs of the sale, with any remainder going to the owner if known — or, if the owner isn't known, to the local humane society, or to the county treasury if there's no humane society in that county.
Frequently Asked Questions
What liens does this section cover?
Liens on an animal or animals arising under Penal Code § 597a or § 597.1.
How can the lienholder collect if the caretaking charges aren't paid?
By going to the proper court to satisfy the claim, if it isn't discharged within three days after it becomes due.
Can the lienholder sell the animal instead of suing?
Yes, three days after the charges become due, after giving three days' notice by newspaper publication, or by posting notices in three public places if no county newspaper exists.
What must the sale terms be?
Cash, payable when the sale is completed.
What happens to money left over after the lien and sale costs are paid?
It goes to the owner if known; if not, to the county's humane society, or to the county treasury if there's no humane society in the county.
Amendment History
Amended by Stats 2019 ch 256 (SB 781),s 2, eff. 1/1/2020. Amended by Stats 2003 ch 62 (SB 600),s 25, eff. 1/1/2004. Amended by Stats 2002 ch 784 (SB 1316),s 81, eff. 1/1/2003.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: animal lien california satisfactionagister lien sale californiaveterinary lien animal sale california