Re: [RC] lein on horse--Now Lien on Horse - Dabney Finch
Rae wrote:
Once that horse leaves your property, you don't have a claim anymore.
Dabney responds:
Well, not exactly. You have a legitimate claim
(which could be enforced via suit in small claims court), you just don't
have that handy leverage anymore.
Best bet is to have an automatic lien on the horse
written into the boarding contract. Some states have statutory liens that
accomplish the same purpose. You didn't hear this from me, but most of
these situations resolve themselves a la Rae's anecdote, without regard to legal
niceities...
I have a friend who runs a large boarding stable (80 stalls/15 pasture
slots) and she's had to confiscate horses several times. One incident, a
couple of years ago, had a trainer with 12 horses in the barn miss 2 months of
board. She then decided she was moving to another stable. Luckily,
my friend happend to be home sick from work that day and saw what was going
on, so she had the two entrances to the place blocked with vehicles. The
trainer was furious, as were her students (who believed her when she said she
only owed $30, not $3000.) She threatned to call the Sherrif, to which
my friend said, "sure, saves me the call." The trainer didn't call, so
my friend did and had all her paperwork ready to show him when he
arrived. End result, she got her money and the trainer moved to a
different barn (stealing one of the cats as she left).
Basically, if your boarder owes money and you have any thoughts
that they may skip out when you're not there - then lock up the horse.
Once that horse leaves your property, you don't have a claim anymore.
Rae
Tall C Arabians - Central
Mom Alexander
<thunderhart43@xxxxxxx> wrote:
I just found out today that this person has done this before.
Boarded her horse somewhere for months to a year without paying and
then at night secretely "stole" her horse. But, I live on my
horse property, and my 110 pound male German Shepherd is out on guard duty
at night, so she might sneak in, but she won't sneak out without the dog
alerting me (and possibly alerting her ass) and my security lights
flashing. I am putting a lock on the stall and pasture gate.
Thanks for the tip.
