Boarding termination??

[Scribbler]

Yes, I too am always curious as to why people come on here with incomplete or inaccurate accounts of problems, given that none of us are involved or know the parties.

I can see why someone would want to go around spreading innaccurate, incomplete, or self-serving versions of problems to people in their immediate social circle, who might provide emotional, social, or even financial support, at least until they find out the truth. And who might be made to side against the other party, socially, etc.

There is however no possible advantage in giving distorted information while seeking a presumably “objective” piece of advice from total strangers. Yet people do it rather often on COTH. . . as if, by convincing a panel of total strangers of their version of the truth, somehow they can also convince the judge.

In this case, the OP probably needs a fast consult with a lawyer in that state. Lots of lawyers will do an initial half hour chat for $50, enough to answer the question: do I have a case to go forward with, and what’s it going to cost?

[Feb]

[QUOTE=NCRider;8898863]
This thread raises an interesting question for me.

Absent a specific provision in the board contract addressing the issue, what’s industry standard for the boarder’s obligations when the Barn Owner gives notice to vacate? I.e. BO tells Boarder they have 45 days to get out. Is Boarder obligated to pay the full 45 days or can boarder move early and pay through moving date? My impression from the BO’s I know is that they only collect through moving date on a Boarder they’ve kicked out even if the boarder leaves early than technically required by the notice from the BO.[/QUOTE]

I don’t know about the boarding industry, but in child care parents are usually technically obligated to pay through their termination period. BUT if parents do pull early without paying, it’s still unusual for anyone to sue them since usually the providers are just grateful to have them out of their program and it usually wouldn’t be worth the cost of court anyway. I imagine the boarding industry would be similar.

Though the boarder’s obligations would change if they were able to provide adequate notice that they were leaving earlier than the BO’s deadline. So if BO gave 45 days notice, but boarder gave 30 days notice (or whatever contract requires) immediately after, then boarder could leave earlier with no obligation past the 30 days. Or that’s my understanding of the laws.

As for OP, if you already lost in court and want to appeal, it’s best to just go talk to a lawyer now. It’s going to be beyond the forum’s abilities to figure out whether or not the judge was correct in their ruling.

[CindyCRNA]

Here’s how I read it: BO said to be out in 45 days OR LESS. OP ended up choosing less. Since BO gave a date range (45 days or less) , OP should be able to vacate earlier without paying the next month.

[OTTBs]

[QUOTE=H/JRider;8898340]
It’s a long story but I will try to make short. BO asked me verbally to leave her property, normally gives 15 day to 30 days depending if she likes you. She said 45 days. Two days later sent an email stating I would be out on or before the end of the next month. A week and half passed she was making being there unbearable. I told her I was leaving at the end of the month. Since then she has taken me to court. [/QUOTE] I’m calling BS on this thread. I see no way that this poster could possibly have been taken to court in this time frame–are her horses still at the BO’s barn? Example: asked to leave Sept 10 + 2 days = Sept 12 + “week and a half” say 10 days = Sept 22. I can’t imagine all the paperwork could have been filed and a court date set and occurred by Oct 19. If things really work this fast somewhere in the world, I’d think the OP would have already been forced to pay up too.

Yes, I have filed suit in small claims court. And had to garnish a bank account when defendant didn’t pay.

[red_mares]

[QUOTE=Feb;8899178]
I don’t know about the boarding industry, but in child care parents are usually technically obligated to pay through their termination period. BUT if parents do pull early without paying, it’s still unusual for anyone to sue them since usually the providers are just grateful to have them out of their program and it usually wouldn’t be worth the cost of court anyway. I imagine the boarding industry would be similar.

Though the boarder’s obligations would change if they were able to provide adequate notice that they were leaving earlier than the BO’s deadline. So if BO gave 45 days notice, but boarder gave 30 days notice (or whatever contract requires) immediately after, then boarder could leave earlier with no obligation past the 30 days. Or that’s my understanding of the laws.

As for OP, if you already lost in court and want to appeal, it’s best to just go talk to a lawyer now. It’s going to be beyond the forum’s abilities to figure out whether or not the judge was correct in their ruling.[/QUOTE]

Generally I’d agree, except the OP said she had 6 horses. It’s easy to be talking about thousands instead of hundreds when board is multiplied by 6.

I’d love to hear the BO’s side of this mess. Somehow I doubt everything was peachy keen and the BO just up and threw out a boarder with 6 horses. Even money the OP owed board besides for the last 30 or 45 days or whatever.

[Alagirl]

[QUOTE=red mares;8899322]
Generally I’d agree, except the OP said she had 6 horses. It’s easy to be talking about thousands instead of hundreds when board is multiplied by 6.

I’d love to hear the BO’s side of this mess. Somehow I doubt everything was peachy keen and the BO just up and threw out a boarder with 6 horses. Even money the OP owed board besides for the last 30 or 45 days or whatever.[/QUOTE]

well, it didn’t say so in the original post.
yes, that does make an appeal more appealing.

[red_mares]

[QUOTE=H/JRider;8898340]
It’s a long story but I will try to make short. BO asked me verbally to leave her property, normally gives 15 day to 30 days depending if she likes you. She said 45 days. Two days later sent an email stating I would be out on or before the end of the next month. A week and half passed she was making being there unbearable. I told her I was leaving at the end of the month. Since then she has taken me to court, judge said I did not give a written notice upon leaving. I was in the understanding that she had already gave me notice to leave so per her email I left before the date she stated. So bc I didn’t give notice and she didn’t give a written notice bc judge is not counting the email even tho in contract it states and email can be used as notice. I have to pay for the month that I was not there. My question is this accurate or do I have the right not to pay? For the record had she not asked me to leave I wouldn’t have left. Only reason I left was bc she told me to and sent an email. Help please.[/QUOTE]

@H/JRider;8898525

I have 6 horses that were boarding. I should have asked my question differently. I have the right to appeal. Do I have grounds to stand on.

@H/JRider;8898537

People I had talked to said the email was enough. I presented my case as I was told. I feel it’s unfair bc I was told to leave I did what the BO said and then still had to pay. I had 6 horses there so more than just one months board. I need help deciding if I have enough grounds to stand on to appeal. I have never been in this situation. Of she did not tell me to leave or sent an email I would have never left.

before they go ‘poof’

[Timex]

[QUOTE=OTTBs;8899297]
I’m calling BS on this thread. I see no way that this poster could possibly have been taken to court in this time frame–are her horses still at the BO’s barn? Example: asked to leave Sept 10 + 2 days = Sept 12 + “week and a half” say 10 days = Sept 22. I can’t imagine all the paperwork could have been filed and a court date set and occurred by Oct 19. If things really work this fast somewhere in the world, I’d think the OP would have already been forced to pay up too.

Yes, I have filed suit in small claims court. And had to garnish a bank account when defendant didn’t pay.[/QUOTE]

nowhere does the OP say WHEN she was asked to leave, could have been yesterday, could have been a year ago. By ‘end of the month’ it sure sounds current, but without saying which month, it really could have been whenever.

[BeeHoney]

This issue sounds complex enough that I think you need a lawyer.

FWIW, making a decision as to what to do next in scenarios like this depends quite a bit on factors beyond who is “right.” Depending on how much money is at stake, it may or may not be worth your while to hire a lawyer and pursue an appeal.

It is also wise to keep in mind that most legal professionals (and regular people as well) are somewhat clueless when it comes to matters regarding the horse industry. What may seem obvious or reasonable to a horse person might seem very different to people in a courtroom. This is both good and bad, it holds the horse industry to the standards of the rest of the small business world (which is good), but also can fail to recognize the importance of certain things specific to horses. For example, a courtroom is unlikely to sympathize at all with how a BO could make life uncomfortable for an owner.

Personally, I think that having lost once in court you might better be served by not pursuing this, but if you feel you have been wronged and have the money to spend on a lawyer, I think that is your prerogative.

I would make a note to yourself that as the owner of 6 horses, it would serve you well to be sure to make important communications in writing. You can communicate over the phone or via email, but simply follow up in writing for clarity and documentation. It might feel formal, but I think that level of formality is appropriate when we are talking about the kind of money it costs to board six horses each month.

[OTTBs]

[QUOTE=Timex;8899492]
nowhere does the OP say WHEN she was asked to leave, could have been yesterday, could have been a year ago. By ‘end of the month’ it sure sounds current, but without saying which month, it really could have been whenever.[/QUOTE] And if it were a year ago, OP would have paid already and wouldn’t be here asking this question, creating a new account just to do so.

[RockinHorse]

[QUOTE=OTTBs;8899659]
And if it were a year ago, OP would have paid already and wouldn’t be here asking this question, creating a new account just to do so.[/QUOTE]

That would be based on when the court case occurred, not on when she was asked to leave.

It is possible she was asked to leave and left a while ago but the court case was just tried recently.

[merrygoround]

It would appear that she is all gone.

Did she/ he take their bridge with them?

[trubandloki]

[QUOTE=merrygoround;8900024]
It would appear that she is all gone.

Did she/ he take their bridge with them?[/QUOTE]
They were logged on yesterday at 1PM so might not be gone.

[csaper58]

[QUOTE=H/JRider;8898537]
People I had talked to said the email was enough. I presented my case as I was told.[/QUOTE]

What legal education, (if any) did the ‘people you talked to, who told you what to do’ have?

NOTE … “They watch a lot of Judge Judy” is not proper legal education

You needed to consult a lawyer who is licensed to practice where you and your horses reside, and familiar with the laws that apply in that particular town, state, and country.

Now you need to consult an attorney, or possibly the clerk of court can steer you to an Ombudsman.

[findeight]

Judge Judy chides people every episode about not getting anything in writing…