I’m SURE this has been talked about, but I failed to find it in my searches of the COTH forums…I’m sure I just didn’t word my search correctly. We have a horse that hasn’t had a penny paid on it in over 6 months and the time has come to take over this horse’s ownership and sell him. Any advise on where I go to find out the procedure without having to pay a lawyer $2K to get money I am already out??
Stacy
A lot depends upon where you live. Easy peasy in MD.
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This is actually how I came to own a horse I had previously owned. I sold him and two years later the girl I sold him to abandoned him. I am not sure of the rules - this was a massive facility and at the time they actually and unbelievably did not have a policy in place. They did end up getting the old owner to sign a bill of sale and they waived the board that the old owner owed. I paid a $1 for the horse and then paid up his past-due board and took him home (again).
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It depends upon the state in which you live. In some states you are personally allowed to take ownership of the horse, in others you must auction the horse. In MD I believe that you have the send a registered letter, post ads in the papers that the animal will be auctioned and then you can hold an auction, or take the animal to an auction.
I don’t own a boarding facility, and I’m not entirely sure I have the details perfect, but pretty close I think. In your case I would call the county extension office, they should know exactly what you need to do.
Good luck
LBR
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There is a procedure in LA. Notice must be given in the newspaper. You must send a certified letter demanding payment. No response, horse is yours.
If they do respond, small claims court is a possibility depending on how much is owed. lawyer not necessary.
You really need to spend the few $ on a consultation with an attorney.
Or you can spend much of your time going to the courthouse and pick brains there.
Each state has their own laws on repossession, you don’t want to make a mistake.
Some require you post a public notice and tell you where and how and for how long, how to register your claim, initially maybe with the sheriff and then the court house and how to proceed, depending on what happens.
If you are worried about the cost, attorney’s offices will tell you what one consultation visit is, shop around.
Looks like your in CA.
Start by reading this:
http://www.equinelegalsolutions.com/ReasonsNottoForecloseAgistersLien.html
Then this:
http://asci.uvm.edu/equine/law/lien/ca_lien.htm
Then buy an hour of a local lawyer’s time to ensure that what you do is correct.
Good luck in youy project.
G.
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California Civil Code Division 3, Part 4, Title 14, Chapter 6.7 Section 3080 provides California boarding stables with an automatic lien upon horses in their possession for unpaid board. This lien is often referred to as an “agister’s lien.” No filing is necessary – the lien continues so long as the horses are in the stable’s possession. The stable can use any peaceable and lawful means to prevent the horses from leaving the property, such as padlocking the horses’ enclosures. If the horses’ owners arrive to take the horses, the boarding stable can call law enforcement to assist them in preventing the horses from leaving.
However, the boarding stable cannot lawfully sell the horses to satisfy the lien without a court order. Typically, the simplest method of obtaining a court order is to take the boarder to <a href="http://www.equinelegalsolutions.com/disputeresolution.html"> small claims court</a> and obtain a judgment for the past due board. The boarding stable can request its expenses as part of the claim, such as attorneys’ fees, court costs and process serving costs, and the current limit in California small claims court is $7,500.
Often, the most difficult part of bringing a small claims court suit is locating and serving the boarder. California small claims rules provide for service by certified mail, but certified mail service seldom works, because most nonpaying boarders know that no good news ever arrives by certified mail, and therefore they will not sign for the certified mail. Often, while the stable waits for the certified mail postcard evidencing signature to come back, the deadline for serving the boarder expires, requiring the stable to obtain a new court date and start the service process all over again. Meanwhile, the stable is continuing to feed and care for the boarder’s horses, costing the stable additional resources. To locate and serve the nonpaying boarder promptly, there is no substitute for hiring an experienced, professional process server.
Once the stable has obtained a judgment against the boarder, the boarder will have 30 days to pay the judgment. If the boarder pays the judgment, the stable must release the horses to the boarder. If the boarder has not paid the judgment within 30 days, the stable can then petition the court for an order permitting them to sell the horses. If the stable sells the horses, it must follow certain notice requirements for the sale – see <a href="http://utopia.utexas.edu/explore/equine/lien/ca_lien.htm"> Section 3080.17</a>.
What happens if the stable doesn’t obtain a court order or otherwise follow the statutory procedure before selling the boarder’s horses? The boarder may have a legal claim for “conversion,” which is essentially a civil form of theft, in the amount of the horses’ fair market value, plus any reasonable expenses that the boarder incurs in pursuing the horses. However, the boarding stable would still have a legal claim for the outstanding board amount (less any proceeds that the stable received from the sale of the horses), and the amount of this claim typically exceeds the horses’ worth. Therefore, a boarder’s suit for conversion would only be worthwhile if the horses’ fair market value greatly exceeds the amount of outstanding board, which is not usually the case.
Boarding stables can avoid the lengthy and costly statutory lien sale process by having a boarding contract specifying that the stable has the right to sell the horses after a certain period of unpaid board and that the boarder waives his or her rights under the California agister’s lien statutes. Equine Legal Solutions’ <a href="http://www.equinelegalsolutions.com/whatsinourformsboarding.html"> boarding forms package</a> includes a boarding contract containing the necessary clauses.
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The best advice I ever received was to not take ownership but to have the owner pick up the horse, then go after the owner in small claims court. Every day the horse is there, he’s costing you money. If he doesn’t sell quickly or for a decent price, you’re just upping the amount you need to recoup.
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[QUOTE=LauraKY;5342377]
The best advice I ever received was to not take ownership but to have the owner pick up the horse, then go after the owner in small claims court. Every day the horse is there, he’s costing you money. If he doesn’t sell quickly or for a decent price, you’re just upping the amount you need to recoup.[/QUOTE]
you go to the small claims court anyways to get a claim form to get horse on a lieu basis
Could you please tell me how I would go about doing this in MD?
I do not have a written contract as this boarder is my daughter.
Best to have a consultation with a lawyer. Without a board agreement, it may be more difficult to enforce.
http://agrisk.umd.edu/blog/helpful-maryland-law-for-stable-owner-operators
bitranchy read this and then decide what impact this will have on family relationship
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@hoopoe sorry, I’m confused. Was that intended for me? I am aware of the livestock lien act. I’m also aware this is the poster above’s daughter, and could potentially have some serious fall out with the family. Here, BOs put the livestock lien act in the boarding contract as well as some post it inside of the barn itself. There is no board contract since this appears to be between a parent and their daughter, on good faith. I don’t, and didn’t, want to inquire about what may be going on with the poster’s family. I don’t feel that’s my place. If this poster who’s asked the most recent question feels they have tried to make strides with their daughter and it’s gotten to the point of having to consider a claim or a lien, that is their decision. Best of luck to them, and my only advice can be to seek the council of a professional.
Just make her sign a sales agreement for $1 !
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Well then you are out ‘any’ value on the horse and you can get a judgement but then that doesn’t mean that you will see a lick of money!
In many jurisdictions you have to sell the horse at auction. You’ll be lucky to recoup the back board let alone the ongoing expenses.
The terminology that’s going to bring up COTH threads on the topic in a search is stablemans lien, mechanics lien and agisters lien. All are referring to legally disposing of abandoned property to satisfy money owed for repairs, storage, boarding etc. Horses, as livestock, are considered property just like cars, boats, airplanes and other items typically abandoned. Procedures vary from state to state and in Canada but they are well outlined and relatively easy to follow. And they must be followed as outlined in that jurisdiction.
A contract covering specifics is always easier but even then, some steps must be followed depending on jurisdiction.
Go back and look at post #7. Start with that and then proceed as needed.
G.
Find your jurisdictions laws on Agister’s liens or other liens, and abide accordingly. G kindly posted it for you, so that should help your search. Most states it’s really easy, looks like CA is a bit more involved though (at least, compared to Ohio and Florida). I don’t understand how people wait 6 months of no board received before taking such action.
