Vet holding pet as collateral

[atomicslacks]

This is in Illinois:

I know someone who works as a vet's assistant, and the vet recently did some work on an injured kitten. The folks who brought the kitten in could not afford the bill, so the vet is holding the kitten and will not return it to the owners.

Is this legal? Is a living, breathing animal allowed to be held as collateral like this until the owner can pay up?

Certainly the vet should be able to legally sue them for nonpayment, but can he really hold the cat hostage like this within the law? It seems like it would be both ethically and legally a gray area at best...

Thanks for any information... (no, I'm honestly not the pet owner, nor do I work at the vet, just a curious party rather upset that the vet is getting away with this)

 

[LAWYER-001]

This is in Illinois:

I know someone who works as a vet's assistant, and the vet recently did some work on an injured kitten. The folks who brought the kitten in could not afford the bill, so the vet is holding the kitten and will not return it to the owners.

Is this legal? Is a living, breathing animal allowed to be held as collateral like this until the owner can pay up?

Certainly the vet should be able to legally sue them for nonpayment, but can he really hold the cat hostage like this within the law? It seems like it would be both ethically and legally a gray area at best...

Thanks for any information... (no, I'm honestly not the pet owner, nor do I work at the vet, just a curious party rather upset that the vet is getting away with this)

My response:

While it seems a bit unusual, it's not illegal. A "pet" is private property - - just like your refrigerator, or your car. The doctor is exercising his "Mechanic's Lien" rights.

IAAL

 

[g-n-c]

Re: vet holding pet

In most states the vet CANNOT hold the pet, however, I am not sure about Illinois. Check with the Illinois Veterinary Licensing and Disciplinary Board to be certain.

http://www.idfpr.com/dpr/WHO/vet.asp

 

[ellencee]

In most states the vet CANNOT hold the pet, however, I am not sure about Illinois. Check with the Illinois Veterinary Licensing and Disciplinary Board to be certain.

http://www.idfpr.com/dpr/WHO/vet.asp

You are mistaken. I searched the web and found no states that did not provide for a lien against (your) pet.

...if you have a dispute with your vet about care or a bill, in most states the vet can actually place a lien on the pet until you pay. They can also charge you a daily fee until the dispute is worked out. So, it’s really important for you to trust your vet. (clarkhoward.com)

Fair is fair. If you can't afford a vet bill, don't own a pet. One can not expect a vet to provide medical care and not be paid for his, her professional expertise, time, and expenses.

EC

 

[IAAL]

In most states the vet CANNOT hold the pet, however, I am not sure about Illinois. Check with the Illinois Veterinary Licensing and Disciplinary Board to be certain.

http://www.idfpr.com/dpr/WHO/vet.asp

My response:

Can you name 10 States where "the vet CANNOT hold the pet." Forget about "most." Just name ten States.

IAAL

 

[gawm]

Why did they take it to a private vet? The pound or local Humane Society will often work with people if they cannot afford a medical emergency.

 

[IAAL]

In most states the vet CANNOT hold the pet, however, I am not sure about Illinois. Check with the Illinois Veterinary Licensing and Disciplinary Board to be certain.

http://www.idfpr.com/dpr/WHO/vet.asp

My further response:

Okay, since you can't seem to name 10 States, can you name 5? Hell, for that matter, can you name ANY? Just give me the name of 1 lousy State where "the vet CANNOT hold the pet."

IAAL

 

[racer72]

My further response:

Okay, since you can't seem to name 10 States, can you name 5? Hell, for that matter, can you name ANY? Just give me the name of 1 lousy State where "the vet CANNOT hold the pet."

IAAL

This is the message I received from g-n-c.

Sound of crickets chirping********************************************************.....

 

[g-n-c]

Here you go....KNOW IT ALLS

You people amaze me. Folks come here seeking helpful advice. Too many of you come here seeking others who you can discredit or destroy. Your adversarial and confrontational attitudes seriously detract from the benefits this website seeks to provide.

Let's see now....how many of you "mouths" were WRONG?

This is just 2 states for you (most have laws/rules similar to this):

From the Winter 2004 Pennsylvania State Board of Veterinary Medicine newsletter...

located here:

http://www.dos.state.pa.us/bpoa/lib/bpoa/20/vet_board/veterinary_2004.pdf

it says:

The veterinarian may not keep an animal pending payment for medical services, boarding, etc. The veterinarian_s remedy for nonpayment is in civil court or before a district justice, but not in holding an animal hostage.

----------------------

From the Office of the Attorney General State of Texas...

located here:

http://utopia.utexas.edu/explore/equine/cases/injure/JC-4021.htm

it says:

This is an opinion by the Attorney General of the State of Texas discussing under what circumstances a veterinarian may keep possession of an animal the vet has treated as security for payment of the veterinarian fee. In this opinion, the Attorney General states that under Texas law a veterinarian does not have a possessory lien on such an animal and may not, therefore, refuse to return the animal to its owner upon demand, even if the fee has not been paid.

Put that in your pipe and smoke it.....

 

[g-n-c]

My further response:

Okay, since you can't seem to name 10 States, can you name 5? Hell, for that matter, can you name ANY? Just give me the name of 1 lousy State where "the vet CANNOT hold the pet."

IAAL

Thank god you aren't my attorney ....pull that foot out of your mouth now....

 

[ceara19]

You people amaze me. Folks come here seeking helpful advice. Too many of you come here seeking others who you can discredit or destroy. Your adversarial and confrontational attitudes seriously detract from the benefits this website seeks to provide.

Let's see now....how many of you "mouths" were WRONG?

This is just 2 states for you (most have laws/rules similar to this):

From the Winter 2004 Pennsylvania State Board of Veterinary Medicine newsletter...

located here:

http://www.dos.state.pa.us/bpoa/lib/bpoa/20/vet_board/veterinary_2004.pdf

it says:



----------------------

From the Office of the Attorney General State of Texas...

located here:

http://utopia.utexas.edu/explore/equine/cases/injure/JC-4021.htm

it says:



Put that in your pipe and smoke it.....

And NEITHER of those are LAWS. The first is a regulation from the State Veterinary Board. The Vet may face Professional censure, but they would have committed no CRIME by holding the animal as collateral.

The second is an OPINION from the Texas, again, a vet that hold an animal "hostage" has committed no CRIME.

Care to try again?

 

[ceara19]

Thank god you aren't my attorney ....pull that foot out of your mouth now....

If I were in need of an attorney in California, IAAL would be on the top of my list! Granted his "bedside manner" leave something to be desired, but as far as his knowledge of the Califonia Law, one would be hard pressed to find someone better.

As far as the "foot in mouth" comment, how does that shoe leather taste?

 

[g-n-c]

You are mistaken. I searched the web and found no states that did not provide for a lien against (your) pet.

At least you did not attack me (yet, anyway)......but perhaps your web search skills need some improving?....

 

[g-n-c]

As far as the "foot in mouth" comment, how does that shoe leather taste?

There you go again.....

Veterinarians are bound by the "Veterinary Practice Act" and the "Rules of Professional Conduct" of the various states....

Let's see....keep the pet....or face penalties/sanctions and possible suspension of your license and your name permanently in the disciplinary records of the state....

If I'm a vet and you are my attorney and you advise me to keep the pet? You are FIRED!

 

[ceara19]

There you go again.....

Veterinarians are bound by the "Veterinary Practice Act" and the "Rules of Professional Conduct" of the various states....

Let's see....keep the pet....or face penalties/sanctions and possible suspension of your license and your name permanently in the disciplinary records of the state....

If I'm a vet and you are my attorney and you advise me to keep the pet? You are FIRED!

I am not arguing whether or not it is a SMART thing for a vet to do. YOU are the one claiming that it is ILLEGAL in MOST states. So far, you have yet to cite one single LAW from ANY state to back up your claims. You are now trying to make it an issue of whether or not a vet SHOULD do this for the sake of their career, instead of just owning up to the fact that you are WRONG about this being ILLEGAL in most states.

So, one more time, cite ONE actual LAW in ANY state that makes it ILLEGAL for a vet to hold an animal as collateral for an unpaid bill.