Dead-beat Boarder: What are the legal options?

[Tonkafriend]

We have a situation at our barn that has never come up before. A young woman dropped off her horse mid-June, and paid a pro-rated board to the end of the month. No one has seen her since June, and she hasn’t paid her board for July or August. Calls to the numbers she left on the horse’s stall are never answered. A registered letter asking her to remove her horse, or pay the board in full has been returned. Basically, she’s abandoned her horse at our barn.

So…what are the legal options from this point on? Unfortunately, there is no written boarding contract. There is NOW for new boarders, lol.

Any suggestions would be really helpful.

[JanM]

You will have to consult an attorney on the legal deposition of the horse, and your options. Each state is different. I realize you don’t have to use an attorney, and can go with the state regs. about stableman’s lien, but just make sure you follow the law to the letter, and document everything.

[Guilherme]

Go here to start: http://www.chronofhorse.com/forum/showthread.php?474333-Dead-beat-Boarder-What-are-the-legal-options&p=8289276#post8289276

G.

[Manahmanah]

In the meantime the horse would be living in a back field somewhere with a roundbale. And that’s it.

[NoSuchPerson]

[QUOTE=Manahmanah;8289333]
In the meantime the horse would be living in a back field somewhere with a roundbale. And that’s it.[/QUOTE]

There was a situation I know of where a BO did something like this and failed to provide what most good horseman would consider basic necessary care. It has ruined that BOs reputation in the local horse community.

Yes, it sucks to get stuck supporting an abandoned horse, but you can’t stop providing adequate care for the horse. If your basic morals aren’t sufficient to compel you to do so, you need to do it for the sake of your business and personal reputation.

[Ibex]

[QUOTE=NoSuchPerson;8289359]
There was a situation I know of where a BO did something like this and failed to provide what most good horseman would consider basic necessary care. It has ruined that BOs reputation in the local horse community.

Yes, it sucks to get stuck supporting an abandoned horse, but you can’t stop providing adequate care for the horse. If your basic morals aren’t sufficient to compel you to do so, you need to do it for the sake of your business and personal reputation.[/QUOTE]

I think it would depends on the situation… there are worse things than full time turnout with a roundbale and some buddies - there is nothing wrong with moving a horse from stall board to less expensive pasture board provided the hay was good enough and other basic care such as minimum required farrier work (I’d pull shoes if possible as well) and deworming was done.

[gumtree]

Most states have what is called/known as “stableman’s lien” I would look it up to see what the rules and regs are for Conn before spending money on an attorney. Some states maybe list horse under abandoned property also. Check and see what the rules and regs are for that.

It can be very straight forward and easy. In KY send notice, place a small add in the paper, wait x amount of days. And the horse can be offered in a sheriff’s sale on the “court house steps”. You bid up to what is owed. If no one bids over that the horse is yours and the court gives title.

Some states can make it a total PITA. We got stuck with a number of TBs when the financial collapse hit. Owed over $70,000. We had to look after them, pay any vet issues if needed and could not give them away until we got title. If we didn’t the “owner” could sue us. PA is a PITA with this.

Every horse has to be boarded somewhere before it comes here. I request/require the name and number of the farm/person the horse was boarded at previously. We can always use the business but not a “nightmare”.

I would bet the owner couldn’t afford the horse anymore. But didn’t have the heart to have it put down. I am a “softy” when it comes to this but they could have at least given you title.

[NoSuchPerson]

[QUOTE=Ibex;8289375]
I think it would depends on the situation… there are worse things than full time turnout with a roundbale and some buddies - there is nothing wrong with moving a horse from stall board to less expensive pasture board provided the hay was good enough and other basic care such as minimum required farrier work (I’d pull shoes if possible as well) and deworming was done.[/QUOTE]

True. Turned out in the back pasture with a roundbale pretty much describes my equines’ lives during the winter. In the summer it’s even worse - they’re turned out in the back pasture without any hay at all.

But, many horses would not thrive under those conditions and the “And that’s it” at the end of the post I quoted raised some red flags.

[Ambitious_Kate]

Stableman’s lien. Here’s an interesting article which popped up when I googled ‘“Connecticut” stableman’s lien’

http://stablemanagement.com/article/lien-and-mean

[Tonkafriend]

[QUOTE=Ambitious Kate;8289450]
Stableman’s lien. Here’s an interesting article which popped up when I googled ‘“Connecticut” stableman’s lien’

http://stablemanagement.com/article/lien-and-mean[/QUOTE]

Bingo! Thanks so much! Looks like CTs stableman’s liens are pretty straightforward. Thanks for all the helpful suggestions.

[S1969]

[QUOTE=Ibex;8289375]
I think it would depends on the situation… there are worse things than full time turnout with a roundbale and some buddies - there is nothing wrong with moving a horse from stall board to less expensive pasture board provided the hay was good enough and other basic care such as minimum required farrier work (I’d pull shoes if possible as well) and deworming was done.[/QUOTE]

Yes, I agree (my horses live like this 24/7 anyway). I wouldn’t do the “and that’s it” thing as was mentioned above. All horses under a barn’s care should receive the same level of care (per their boarding situation, of course…if a barn offers stalls and field board, all horses should get the same level of care while in field board, for example). Barn owners should be prepared to take a loss and initiate their rights under stableman’s lien parameters.

With any luck, the horse in CT will be worth selling and the barn owner might recoup some $, plus the horse might end up with a better owner. I hope the OP lets us know the outcome.

[Tonkafriend]

I will, S1969. The barn owner is keeping track of all the expenses for the horse. It could be a while until this gets resolved, but I’ll keep you posted. Thanks to all for the excellent suggestions and helpful advice.

[BellaMia]

[QUOTE=NoSuchPerson;8289359]

Yes, it sucks to get stuck supporting an abandoned horse, but you can’t stop providing adequate care for the horse. If your basic morals aren’t sufficient to compel you to do so, you need to do it for the sake of your business and personal reputation.[/QUOTE]

This to! It isn’t the horses fault.

[Jim_in_PA]

State specific as already identified…and in some cases it can take a long time to resolve because of that. Good care is expected; 'doesn’t have to be “top shelf”, but proper feed, water, living conditions and health care (including farrier) are necessary to avoid other issues. Hopefully in the end, the sale proceeds from the horse will cover a good chunk of the costs, but that’s unfortunately not the case with many horses that are abandoned/forfeited.

[Tonkafriend]

The horse has been getting everything the owner asked for in terms of feed and hay, and he gets daily turnout. He looks better now than when he arrived. We have no idea who the farrier and vet are, which is a reason for concern, of course. But, yes, the horse is getting cared for. It’s the owner who’s not holding up her end, obviously.

[Jim_in_PA]

You can use whatever farrier and vet is convenient for you, including price…

[gumtree]

[QUOTE=Jim_in_PA;8292868]
State specific as already identified…and in some cases it can take a long time to resolve because of that. Good care is expected; 'doesn’t have to be “top shelf”, but proper feed, water, living conditions and health care (including farrier) are necessary to avoid other issues. Hopefully in the end, the sale proceeds from the horse will cover a good chunk of the costs, but that’s unfortunately not the case with many horses that are abandoned/forfeited.[/QUOTE]

I have found people rarely “walk away” from a horse that is worth more than what is owed.

During economic down turns it is said; lock your trailer and your paddocks to avoid “surprises”.

IMO and experience I would rather just tell the owner please move the horse asap and pay me what you can each month. The “honor system”. Sometimes it works, sometimes it doesn’t.

Just not worth the stress, hassle and expense of going the legal route.

[CHT]

Is it possible the horse owner died or is otherwise incapacitated/hospitalized?

Hopefully the new contract includes an emergency contact number so you have a parent/spouse/friend you can call just in case. Be awful to sell her horse only to find she is in the hospital.

[csaper58]

Ditto CHT post.

Doesn’t boarding contract have a reference, or another person to contact (who is not the owner)? That is SOP here.

[Cherry]

“no written boarding contract”, per OP. :uhoh: