[QUOTE=JanM;7892144]
I think it’s been stated on here before, that the auction in some states can be right at the barn. I don’t know if that’s legal where you are, but I’m sure the attorney told you already.[/QUOTE]
Yes, I was in a state where a horse that was taken on a lien had to be “auctioned”, and it was basically a pre-arranged private sale advertised as an auction. Not all states even require an auction.
The horse is being ridden, owner is taking lessons on it, perhaps with the right new owner, a new career, and time, the lameness might not be an issue? Hoping there is a good outcome for the horse, I hate it when horses end up in bad situations due to flakey idiot owners.
Any chance if horse is abandoned you could find a rescue to take her? Obviously you won’t be getting any money for her but you won’t get much from auction either.
[QUOTE=atr;7891701]
I don’t think you actually have to “take the horse to auction,” I think you can hold a private auction, if I remember rightly. You have to post notice of it in the barn for a couple of weeks.[/QUOTE]
I have a private barn. No one would see the notice.
As I stated before, I’m not in the market for another horse, and this horse has issues that, even on an expensive maintenance program, her ability to stay sound is highly questionable. She has a visible severe problem with a knee. She requires high dollar hay due to a previous history of colic. She has horrendous manners and is difficult to handle. Who’s going to buy her? Would you?
It bears noting that this person has not approached me, since this began, to ASK if I want her, or ask if there is anyone I know that wants a free horse.
The attorney and the state agricultural person have advised take her to auction if she’s abandoned, and that’s what will happen. I will not be tightening my belt any more notches to take away from my 3 horses to provide for this horse.
Please remember I’m not the one abandoning her.
Even if she was sound, I don’t want any ties to this person by keeping the horse on my property. With the behavior shown already, I have no doubt she would be harassing me at some point to see the horse.
I don’t know the legalities of it or anything, but I almost think euthanasia would be kinder for the mare than sending her to auction. With the description you gave, it sounds like she may very well end up on a truck to Mexico.
In any case, sorry you’re in this predicament, OP. I sincerely hope the owner does the right thing and picks up her horse.
There is absolutely no reason you should. You aren’t responsible for the outcome. The owner is responsible for the outcome. Anyone who tries to guilt you into doing something you are not responsible for is just wrong.
I hope the owner steps up and does the right thing. MOVES this horse on the 8th.
[QUOTE=gumshoe;7892673]
There is absolutely no reason you should. You aren’t responsible for the outcome. The owner is responsible for the outcome. Anyone who tries to guilt you into doing something you are not responsible for is just wrong. [/QUOTE]
This needs to be said over and over again.
Thank you gumshoe.
I know who the previous owner is, it’s the person who bred this mare. She doesn’t live that far from me. The Boarder screwed her over royally, so I know she won’t want her back in any way shape or form, but if her horse gets “awarded” to me, I plan to call this previous owner and see if she wants the mare back. I’ll have to get in touch with the authorities to see if this is legal to do.
Fingers crossed she is moved on the 8th…So sorry you have been taken advantage of, OP.
I was in the same shoes MANY years ago-only takes one of these types to smarten you up-or should I say harden your heart… A “friend” let me free lease her pony for my then 6 YO daughter-and I told her I would board her semi retired QH mare for reduced board, and weekend help with chores.
Board money was never complete, she owed more and more each month. Never showed up, always “busy” (she had NO kids, I had two kids under 6)!! And the pony “your daughter can learn everything with” could not be caught, hated grooming, and was NOT a beginners ride. QH mare was pregnant!
“I’ll try to find pasture board but now it’s winter”…I let her stay until Spring, now there were 3 to feed!! The mare foaled out, she FINALLY found a spot to (dump) take them. I asked instead of the $$$ she owed me, if I could have the foal at weaning. Nope. She left owing over $1,000.00. Never saw it.
…Ran into her Mom at the feed store, who, within earshot of others, so nicely mentioned how “terrible” I was to turn her out. Really? Never helped with chores, non payer. I replied (loudly) when my $1000.00+ would be mailed, since I had bills to pay, and when she would come and work away the XXX amount of hours she owed. She turned red, turned on her heel, and left. Losers…And she took advantage of the next person, too.
These types are pros at what they do. They exploit the good nature of trusting people. Best of luck OP!
This cannot be repeated enough.
We had mixed luck with certified letters (Thanks, COTH BTW for cluing me in to find the Indiana statute before doing anything). The boarder who bought a horse in August & then didn’t pay board, suddenly got a clue when presented with the letter saying pay up or the horse goes to auction. He paid on time & in full the first of December.
The other one.:sigh:
Hopefully what us won’t happen to you. The serial non-payer refused to sign for the certified letter starting the horseman’s lien process. No one is sure of the next step. I suggested taping the board bill to her front door & photographing it; her house doesn’t have numbers on it so I don’t know if that will work.
[QUOTE=red mares;7892713]
The serial non-payer refused to sign for the certified letter starting the horseman’s lien process. No one is sure of the next step. I suggested taping the board bill to her front door & photographing it; her house doesn’t have numbers on it so I don’t know if that will work.[/QUOTE]
Note, I am not a lawyer, or even close to a lawyer, heck I am not even friends with a lawyer.
It has been stated elsewhere on this forum that if you send the same letter as you are sending certified mail via regular mail on the same day it is considered received when the original letter is refused.
Maybe check with your lawyer about this and resend if it is the case.
[QUOTE=trubandloki;7892727]
Note, I am not a lawyer, or even close to a lawyer, heck I am not even friends with a lawyer.
It has been stated elsewhere on this forum that if you send the same letter as you are sending certified mail via regular mail on the same day it is considered received when the original letter is refused.
Maybe check with your lawyer about this and resend if it is the case.[/QUOTE]
Yes, from a lawyer. this is known as the “mailbox rule.”
Really? So legally she was informed 30 days ago & we (BO) can sell her horse?
I think Christmas came early. Doing the happy dance in my office chair. :lol:
WOW. I am sorry you are having to deal with that. What a huge mess. That said, where in the states are you, because I’d love to board at your place 
I’m a good boarder.
[QUOTE=TBROCKS;7892689]
Thank you gumshoe.
I know who the previous owner is, it’s the person who bred this mare. She doesn’t live that far from me. The Boarder screwed her over royally, so I know she won’t want her back in any way shape or form, but if her horse gets “awarded” to me, I plan to call this previous owner and see if she wants the mare back. I’ll have to get in touch with the authorities to see if this is legal to do.[/QUOTE]
Kind of.
The horse still needs to be sold at an auction open to the public*, but there’s no reason you can’t alert previous owner, trainer, or whoever else might want the horse so they can show up on auction day and buy the horse. Since the horse is lame with an obvious defect, they will probably only have to outbid meat buyers.
*the law may be different in your area
[QUOTE=sublimequine;7892669]
I don’t know the legalities of it or anything, but I almost think euthanasia would be kinder for the mare than sending her to auction. With the description you gave, it sounds like she may very well end up on a truck to Mexico.[/QUOTE]
from my very limited understanding of a stablemen’s lein, the horse has to be sold at public auction and the difference in the value of the horse and the $ owed is returned to the owner. That’s not to say that the OP couldn’t buy the horse at the auction and the euthanize, but I’m pretty sure that you can’t just put a horse down that isn’t yours. There was a situation here in New England a few years ago where an old horse was in a great deal of physical pain, but the barn owners hands were tied because the crazy owner would not euthanize her horse. Finally the horse was put to rest, but it was a long drawn out event that got a lot of publicity with people advocating for the poor suffering horse.
Gloriginger is right, you can’t just take the horse and euthanize it, it has to be auctioned (though I’m sure there is some variability on the details by state). It also is quite a disaster if the horse should be injured or become ill during all of these proceedings.
However, I think most likely the deadbeat boarder will move her horse. You really can’t tell what someone’s finances are truly like by what they say. I’ve had clients bemoan to me their dire financial situations and then show up with brand new luxury cars. I doubt this boarder’s finances are as bad as she says, most likely she just doesn’t WANT to have to pay for boarding.
When a horse is abandoned at a boarding stable and goes to auction, the person to blame is not the BO. It’s the person who abandoned the horse in the first place. It is a completely unrealistic and bizarre expectation that barn owners should provide free retirement boarding for any elderly or unusable horse abandoned on their property.
The owner’s refusal to care for the mare is not your fault. Still… if it was me… I’d be networking like crazy in hopes that when I took her to auction there’d be a good person waiting to scoop her up. I wouldn’t just take her-- my personally, I couldn’t live with that. I’d have to know there was someone there to bid on her even if that person was buying her just to euth. I couldn’t live with myself if I had even a remote part to play in a horse I knew going to slaughter. But we all have different tolerances. Still… it can’t hurt to network, right?
[QUOTE=vxf111;7892885]
The owner’s refusal to care for the mare is not your fault. Still… if it was me… I’d be networking like crazy in hopes that when I took her to auction there’d be a good person waiting to scoop her up. I wouldn’t just take her-- my personally, I couldn’t live with that. I’d have to know there was someone there to bid on her even if that person was buying her just to euth. I couldn’t live with myself if I had even a remote part to play in a horse I knew going to slaughter. But we all have different tolerances. Still… it can’t hurt to network, right?[/QUOTE]
Honestly? It’s up to the owner to network. Not me.
However, in the post above I did say I would contact the breeder and see if she would take her back. I can contact the show facility owner and see if anyone wants her there as well. That’s as far as I’ll go with it.
I do feel bad for the horse, but since this whole mess started by my being unable to set clear boundaries with someone taking huge advantage of me, my line in the sand is now drawn. I will not be keeping this horse.
Monday morning can’t come soon enough!!! I am bursting to find out what happens.
OP I hope n pray that all goes smooth.
Hope the owner removes horse. Of course Op should not be stuck with the problem. It is a situation I hope to never face as I really don’t know what approach i would take. I think I would rather euth than send a lame difficult horse to auction if that were an option eg if ownership was transferred. Just pondering-not trying to tell op ehat she should do.
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