I would like some advice. I live in the state of Tennessee and run a farm where we offer horse boarding, riding lessons, etc. I have a certain boarder who owes me money for unpaid board. He also owes me a few thousand dollars from his wife running into my car and them never paying the repairs! Eek, but that’s a different story. I am aware that most states provide for a lien to the owner’s horse when board is not paid. However, they leased a pony whose lease was up the end of this month and the pony went home early since they could no longer afford to pay his bills. They did pay me to ship the pony (as I refused to pay the gas out of pocket, when they already owed me well over $1,000 in board, plus a few thousand more in other things). I am aware that I can take this to small claims court, and will do so but I’m aware that that is a long process usually. My main questions is: can I hold personal property (aka: the rider’s tack box, tack, boots, helmet, etc) until the debt is paid? Any experience would be greatly appreciated.
In most states you can place a lien on the horse, but I don’t think you can on their personal property. In any event, you can’t just “hold” the personal proeprty without going through the legal process of placing a lien on the property.
First of all, if boarder’s wife hit your car, file an insurance claim. That will get repairs. Second, no you can’t hold personal property without having a lien on it. Third, go to small claims court to get a judgment even though collecting on the debt may be another story. Fourth, do not have anything more to do with these folks. It sounds like they no longer have a horse with you, so the financial bleed has stopped.
No. In CT, for example, if someone doesn’t pay their rent on an apartment, the landlord is NOT allowed to lock the apartment door, or take the furniture and belongings and hold it until paid. I cannot think of a single state where this is allowed, so realize that if you take personal property, it will be theft, even in TN.
I would get all the personal belongings out of your barn and back to the owner, so that the entire matter is finished. Take them to small claims court, and for goodness sakes, why didn’t you file for damages with your or their insurance for the accident? In most states you have to have a police report in order to file with the other person’s insurance.
Good luck.
Every state has different rules and regs on these sort of things. State laws differ on the horse side of things. But personal property be it tack at a boarding barn, or personal belongs in a rental house would be treated the same.
If landlord evicts someone they can not take and or hold personal property until paid. They can only have the Sheriff remove personal property and place on the “street” for the person to pick up. This is pretty much the “law of the land” everywhere.
I think I am safe in saying that tack and other personal belongs at your barn would be view the same. So, IMO no. Legally that is. That is not to say you can’t. For them to get it back they would have to take and pay for legal recourse. Basically get a court order.
If you do go in this direction I would not sell or dispose of for quite a while. Don’t know if the court can or will fine you. An internet search of your state laws, case law should give you a pretty good idea of things. Or pay a few hundred dollars to get advise from an attorney.
Anyone that runs a horses business long enough will run into this situation more then once over the years. So paying for legal advise early on will provide the education to nip things in the bud before they get out of hand. Or know exactly how to deal with it in the future.
IMO and experience you are getting off easy only being owed $1,000 and not still having to look after the horse. I would work out a payment plan that may not suit you but is well with in the ability of the person to pay monthly and be done with it. Draw up a simple agreement and payment plan and a paragraph that states if the person defaults on the agreement that you will seek legal recourse and they will be responsible for all expenses incurred. If you should have go to court this document will make your case “open and shut”.
I am not an attorney but have paid plenty over the years for a pretty good education.
Can’t comment on the lien on personal property but wanted to comment on if you really think putting a lien on their tack would be worth it in the first place. If they owe you that much I’m willing to bet they would walk away from the tack etc. without a second thought. Is their tack worth what they owe you?
I am not familiar with Tennessee, but in general small claims court isn’t a drawn out process. You can file pro se (don’t need an attorney) and can probably get a hearing date set in about a month. Just be sure you show up prepared and can substantiate all of your claims in writing.
Ok. Thank you everyone!
[QUOTE=gumtree;7480538]
I am not an attorney but have paid plenty over the years for a pretty good education.[/QUOTE]
WOW, love this line from Gumtree. Speaks volumes and true for oh-so-many of us.
I really hate to hear stories like this, yet they are far from uncommon. Situations such as the one you are in were a significant factor in my developing an automatic billing service for boarding/lesson/training barns, to try to proactively prevent these types of scenarios. I made sure that our business services include the option of affecting a deadbeat client’s credit. Unless and until they pay off their debt, their non-payment history with you will show on their credit report. I have worked in too many barns where boarders skipped out without paying past due board, or in worst cases even abandoned their horses. Barn owners/managers generally have little useful recourse, unless you have the time to go to court. Honestly, none of us who has ever run a horse business has time for that kind of thing. I wish you the best with this situation and I hope you are able to recover at least some portion of what is owed to you. I liked the idea another contributor suggested about setting up an installment payment plan. That might increase your chances of payment recovery, rather than trying to get paid in a lump sum total for what they owe you. Please message me privately by e-mail if you would like, I would be happy to try to help you with this if I can.
