Boarder has dumped their horse

I’m in a pickle. I’m sure I will have to consult an attorney, but hoping for some potential guidance from you all before I have to spend $$$ on legal advice.

I have a small farm in Virginia. I like to cater to high maintenance retirees, so I do have a few owners who are absentee, and it’s not uncommon to receive retirement inquiries from people out of state.

In mid-October I received an inquiry from a man, looking for retirement board for his girlfriend’s horse. He lives in Maryland, the horse is in Northern Virginia (close to the MD/VA line) but with a trainer. The girlfriend is not going to be able to ride for some time due to an accident, and due to the horse’s age they would like to move horse into a retirement facility where he special needs can be catered to. OK that’s fine. I get in touch with training facility, ask the normal questions, included “Does he pay on time.” “Yep, pays on time.” Stories match up. Trainer needs to move horse to make room for a new training horse. Horse moves to my farm on October 31st. Man pays me with a credit card (authorized for one use). No issues.

On November 20th, I send out December 1 invoices. He confirms receipt via email. And says that girlfriend’s health has taken a downward turn. Riding is not in the forseeable future. He wants to find someone to lease the horse. I start asking questions and get a bad gut feeling…

This mare was supposed to be retired. She’s 20. Wasn’t the plan for her to stay here long term to be retired?

December 1 rolls around. No check in the mail. No new credit card authorization. I email. No response. $25 late fee. Send a new invoice. December 5th rolls around. Still no payment. No communication. I call. No answer. I try girlfriend. No answer. I finally email trainer. She tells me the entire story…

They did this to her too. She gives me the contact information for the girlfriend’s mother. I contact mother. Mother is apologetic, but has no money to pay for horse. I keep in contact with mother.

December 7th rolls around. Late fee #2. Another $25. Email invoice. I email, call, text. No response. December 13th rolls around. I email, call, text. Finally I threaten warrant in debt on boyfriend. He calls back 5 minutes later.

Meanwhile, I have been communicating with mother. I offer escape from debt by having ownership of horse transferred to me. HOWEVER- girlfriend has to sign the transfer since girlfriend owns the horse. Girlfriend refuses.

Boyfriend finally pays me on December 15th. We talk this over. He has spoken to girlfriend. They want to keep the horse. I agree to keep horse for them but I need a credit card authorization, authorizing recurring payments SIGNED. After much harassing, he signs on December 23rd. OK. Maybe drama is over.

WRONG. I ran credit card provided yesterday. DECLINED.

I email, no response. Text, no response. I pick up the phone to call at 10am. One ring, then right to voicemail. I call him multiple times through out the day. Same thing. I called him at 8am this morning, straight to voicemail.

I texted, emailed, called girlfriend. No response.

I have emailed Mother. No response.

I emailed him new invoice with late fee #1. No response. Put a read receipt on it. Hasn’t been read yet.

It appears that he has blocked my phone number. My text messages (imessages) are not marked “delivered” either.

So it appears they have dumped the horse. Virginia has a wonderful law protecting me, which provides a lien on the animal. I believe I can send them notice via USPS with return receipt, that I intend on selling horse. But I’m not sure how this works.

Any words of wisdom?

Google agister’s lien for your state, they are all different. There are many steps you have to take generally and they do take time but if you follow all of them there is an end in sight. It results in you having to sell the horse at a public sale however.

sounds like they have been playing this game for a while so the USPS methof of delivery I would forgo

“Equine Legal Solutions highly recommends Federal Express rather than U.S. Postal Service registered or certified mail. Not only is it faster, the likelihood of the recipient signing for it is much higher. Most folks with credit and/or legal problems are well aware that no good news ever arrives by certified or registered mail, so they will not sign for it,”

http://equinelegalsolutions.blogspot.com/2007/09/evicting-boarder-from-your-boarding.html

1 Like

And yet my main thought is man, who’s the trainer in Maryland who lied to you?!

[QUOTE=ladyj79;8993795]
And yet my main thought is man, who’s the trainer in Maryland who lied to you?![/QUOTE]

Yeah, I was wondering that too. Pretty cold to lie to you so she could shift the burden. Shame on her. And that poor horse sure has rotten owners.

You are definitely in a pickle. :frowning:

[QUOTE=scrbear11;8993670]
I finally email trainer. She tells me the entire story…

They did this to her too.[/QUOTE]
Too bad she did not warn you about this before you took the horse in. Sigh.

VA’s Stableman’s Lien Law allows you to sell publicly or privately, or euthanize if the horse can’t be sold.

Text of VA’s Stableman’s Lien law:

[I]3.1-796.75 Procedure for animals left unclaimed with veterinarian or boarding establishment after public notice; lien; sale.

Any animal not claimed by its owner from a licensed veterinarian or boarding establishment within fourteen days after a letter of notice has been sent to the owner, by the veterinarian or boarding establishment, may be sold by the veterinarian or boarding establishment. The animal may be sold at public or private sale for fair compensation to a person capable of providing care consistent with this chapter. Any expense incurred by the veterinarian or boarding establishment becomes a lien on the animal and the proceeds of the sale shall first discharge this lien. Any balance of the proceeds shall be paid to the owner. If the owner cannot be found within the next ensuing thirty days, the balance shall be paid to the state treasury. If no purchaser is found, the animal may be offered for adoption or euthanized.[/I]

It would be great if you could find a good home for a 20-year-old retired-ish horse with “special needs,” but it seems kind of unlikely.

Sorry for the crappy position you are in, OP.

Boy that stinks. Sorry OP.

Shame on the other barn for letting you take the horse before disclosing “the rest of the story”. They just dumped their problem on you.

I would absolutely consult with an attorney and see what you need to do. I understand selling the horse for the amount owed, but I feel bad for the horse in this situation. An aged horse that is supposed to be retired isn’t going to be worth much, IF you can even find someone else to buy him.

I wonder what the law is if you were to put the horse down? Of course, that doesn’t get you your money … but it maybe prevents the horse from being “abused” if he has issues and is supposed to be retired. It just sucks from any perscpetive!

Keep us posted.

sarcasm way to go other professional who LIED to get this problem off her slate and onto yours!

[QUOTE=Libby2563;8993830]
VA’s Stableman’s Lien Law allows you to sell publicly or privately, or euthanize if the horse can’t be sold.

Text of VA’s Stableman’s Lien law:

[I]3.1-796.75 Procedure for animals left unclaimed with veterinarian or boarding establishment after public notice; lien; sale.

Any animal not claimed by its owner from a licensed veterinarian or boarding establishment within fourteen days after a letter of notice has been sent to the owner, by the veterinarian or boarding establishment, may be sold by the veterinarian or boarding establishment. The animal may be sold at public or private sale for fair compensation to a person capable of providing care consistent with this chapter. Any expense incurred by the veterinarian or boarding establishment becomes a lien on the animal and the proceeds of the sale shall first discharge this lien. Any balance of the proceeds shall be paid to the owner. If the owner cannot be found within the next ensuing thirty days, the balance shall be paid to the state treasury. If no purchaser is found, the animal may be offered for adoption or euthanized.[/I]

It would be great if you could find a good home for a 20-year-old retired-ish horse with “special needs,” but it seems kind of unlikely.

Sorry for the crappy position you are in, OP.[/QUOTE]

This! Just make sure you meet the requirements for what constitutes a ‘notice’ to owners. (I would definitely run it all by an attorney to keep things tidy).

[QUOTE=trubandloki;8993828]
Too bad she did not warn you about this before you took the horse in. Sigh.[/QUOTE]

maybe rent a stall from her, ship horse to her and abandon there?

You seem to be doing everything that can be done. Excellent at being timely and pro-active. The stats on this type of financial behavior are grim, and you are right to keep moving forward assertively. If nothing else, they are surely realizing they picked the wrong BO to pay for their horse.

While you continue trying to collect, right away send the 30 day notice to be out by end of day Jan. 31. Even if they suddenly come up with January’s money, they still get the 30-day notice. They don’t need to be part of your life any longer … whoever they are.

Because, as you know, even board paid at the beginning of the month is limited protection for the BO … because of the time it takes to get a boarder out. The boarder spins along their tales of coming payment while the horse is on the BO’s bill. Make sure the horse is gone by Feb. 1 so you aren’t on this same carousel for a third month.

I assume you have no information about their drama other than what they tell you. At this point everything they say has to be suspect. No matter what their reasons for this financial shortfall, the best predictor of future behavior is past behavior.

If for any reason they beg really really really hard not to move the horse, require 3 months paid in advance, in cash (only), due 10 days before the beginning of the first month that falls under this arrangement. With a new written & signed agreement to this effect. And the mare has to be out at the end of that 3-month period, so you aren’t chasing them again for the next payment. The agreement is withdrawn/terminated if the payment isn’t in hand, cleared through the bank, by the 10-day-prior due date. That gives you time to KNOW you have the payment safely in the bank.

Cash or bank transfer only. Do not accept another cc payment. Those can be disputed and reversed, any time I think up to 30 days after the payment. You probably will not win that one, the cc company is biased to the cardholder.

Good luck and please do keep us updated. Want to hear this turns out ok in the end … and also, I’d rather learn from your experience than mine … while sending all good wishes that this resolves well for you. :wink:

maybe rent a stall from her, ship horse to her and abandon there?

Perfect. :smiley:

If no money is forthcoming and the horse isn’t moved by a date certain, if it were me I’d totally trailer the poor mare to the trainer’s place, arrive extremely early in the morning and just put the mare in a pen or empty stall. Is that wrong? Is it legal? hmmm

Poor mare. Hopefully she won’t be the biggest loser, a victim of her owner’s irresponsibility.

I would send the FedEx letter about back board, along with a notice to terminate board, with huge penalties daily after the move date. Don’t extend them one more second, and get started on the lien process according to your state laws. The biggest issue I see is that the boyfriend was the person that placed the horse, so you might have a hard time going after the girlfriend for the amount due.

I think it would be a good outcome for you, if they take the horse away, because this is going to be a bottomless pit of expenditures for you.

[QUOTE=JanM;8994005]
I would send the FedEx letter .[/QUOTE]

I think I would use one of those Amazon boxes I have left over from Christmas to put the letter in the box … about time amazon sent me my last package LOL

after all deception seems to be the game plan of the owners

I won’t say names, because the horse world is far too small. This situation has definitely forced me to build my wall a little higher!

But the good news, is I was finally able to get in touch with boyfriend. Who paid me. Only after threatening getting law enforcement involved for credit card fraud. (It’s illegal to give someone a credit card number for a card that is inactive).

I also have asked them to move the horse by January 8. That’s Sunday. Very short notice, but per my 11 page board agreement, I do not have to have reason to ask them to leave on short notice. Typically I would give 30 days, but this needs to be done with. And I do not give refunds.

The trick is going to be finding a place for this horse. I cannot consciously lie to another barn owner. So when someone calls asking about this horse, I’m going to have to tell the truth. They don’t pay. The horse is very high maintenance.

I have advised mother and boyfriend to consult an attorney. Since girlfriend refuses to give horse away, they need to see if there is a way for them to take ownership since boyfriend has been covering all expenses for the last year.

I hope they do what is right for this poor horse. She is sound, huge, beautiful, well bred, could have a few more years left with the right owner, but no one is going to take the chance on purchasing a 20 year old mare who has been out of work for four months. She will have to be a give away.

I will update after this weekend. I bet money the mare will be sitting in her stall on Monday morning. At least I’m paid through the month, right?

[QUOTE=Libby2563;8993830]
VA’s Stableman’s Lien Law allows you to sell publicly or privately, or euthanize if the horse can’t be sold.

Text of VA’s Stableman’s Lien law:

[I]3.1-796.75 Procedure for animals left unclaimed with veterinarian or boarding establishment after public notice; lien; sale.

Any animal not claimed by its owner from a licensed veterinarian or boarding establishment within fourteen days after a letter of notice has been sent to the owner, by the veterinarian or boarding establishment, may be sold by the veterinarian or boarding establishment. The animal may be sold at public or private sale for fair compensation to a person capable of providing care consistent with this chapter. Any expense incurred by the veterinarian or boarding establishment becomes a lien on the animal and the proceeds of the sale shall first discharge this lien. Any balance of the proceeds shall be paid to the owner. If the owner cannot be found within the next ensuing thirty days, the balance shall be paid to the state treasury. If no purchaser is found, the animal may be offered for adoption or euthanized.[/I]

It would be great if you could find a good home for a 20-year-old retired-ish horse with “special needs,” but it seems kind of unlikely.

Sorry for the crappy position you are in, OP.[/QUOTE]

OP go to the link at the beginning of the quoted legislation.

This is the statute as it was written in 2006, and it very likely has been amended.

Do not follow this advice (or any internet advice) until you confirm it’s validity with a qualified attorney.

Current law: http://law.lis.virginia.gov/vacode/title3.2/chapter65/section3.2-6520/

Reads: § 3.2-6520. Procedure for animals left unclaimed with veterinarian or boarding establishment after public notice; lien; sale.
Any animal not claimed by its owner from a licensed veterinarian or boarding establishment within 14 days after a letter of notice has been sent to the owner, by the veterinarian or boarding establishment, may be sold by the veterinarian or boarding establishment. The animal may be sold at public or private sale for fair compensation to a person capable of providing care consistent with this chapter. Any expense incurred by the veterinarian or boarding establishment becomes a lien on the animal and the proceeds of the sale shall first discharge this lien. Any balance of the proceeds shall be paid to the owner. If the owner cannot be found within the next ensuing 30 days, the balance shall be paid to the Literary Fund. If no purchaser is found, the animal may be offered for adoption or euthanized.

Only change is that the balance proceeds go to the Literary Fund rather than state treasurer. All the same, I have a phone call in to a friend who just went through this process with a bum boarder.

^ Good catch, csaper, thanks.

The 2015 text is here though and the only change is that the balance above the lien amount now goes to the Literary Fund instead of the state treasury.

Sounds like you’ve made some progress, OP. Good luck!

[QUOTE=scrbear11;8994085]
Current law: http://law.lis.virginia.gov/vacode/title3.2/chapter65/section3.2-6520/

Reads: § 3.2-6520. Procedure for animals left unclaimed with veterinarian or boarding establishment after public notice; lien; sale.
Any animal not claimed by its owner from a licensed veterinarian or boarding establishment within 14 days after a letter of notice has been sent to the owner, by the veterinarian or boarding establishment, may be sold by the veterinarian or boarding establishment. The animal may be sold at public or private sale for fair compensation to a person capable of providing care consistent with this chapter. Any expense incurred by the veterinarian or boarding establishment becomes a lien on the animal and the proceeds of the sale shall first discharge this lien. Any balance of the proceeds shall be paid to the owner. If the owner cannot be found within the next ensuing 30 days, the balance shall be paid to the Literary Fund. If no purchaser is found, the animal may be offered for adoption or euthanized.

Only change is that the balance proceeds go to the Literary Fund rather than state treasurer. All the same, I have a phone call in to a friend who just went through this process with a bum boarder.[/QUOTE]

Do you know the legal definition of “a letter of notice”? Or what legally constitutes “has been sent”?

Also, there is no mention of how long the vet/boarding est. must wait after receiving the last payment before a ‘notice of abandonment’ can be sent to the owner.

My instincts tell me there may be some paraphrasing going on. There are to many ‘laymen’s terms’ that need to be clearly defined.