Is this allowed?...(selling horse for back board)

[pk1027]

<deleted URL listing a mare for sale for back board.>

Should the boarding barn be able to sell the mare?

[RockingN]

It most definitely is. When you board, most of the time you sign a contract, and if there's a certain amount of time that has passed and you have not paid your rent (usually stated in the contract) then the stable is allowed to sell your horse in order to be reimbursed for the money they've paid on feeding and taking care of your horse.

[eventchic33]

She certainly hasn't missed many meals. Good for them to continue to take care of her.

[Seriously_Hunter]

I could be totally wrong here, but I always thought that after a certain amount of time ~the boarding barn is allowed, not to sell the horse privately but must sell the horse at an auction??? Like I said, I could totally be wrong!

[sniplover]

Briefly, yes. I know someone who was dumped with 3 or 4 horses when non-paying renters fled in the night, and had to take over the horses as lien (and because they were abandoned... they were mostly worthless).

Here's a nice article by APHA on stableman's/agister's lien and an excerpt from it; http://www.apha.com/forms/PDFFiles/05stablienaffidavit.pdf

"Many states have what are known as agister’s laws.
These laws state that people who keep, feed, board,
stable and provide care for animals belonging to
other people may hold animals until payment is
made. These states typically have concurrent laws
allowing the keepers of such animals to sell them at
public auction if the bill remains unpaid after proper
notice is given. These laws allow the stableman to
apply proceeds of the sale to the outstanding bill and
pay costs associated with sale of the animal. Money
remaining after such a sale is to be returned to the
owner. Sales based on these lien laws are usually
complicated legal matters, and should be practiced
with the assistance of legal counsel"

[tbracer65]

A friend of mine in Pennsylvania had this happen to her & she was NOT allowed to sell the gelding. She had to take the legal procedings before being able to sell the horse -- + they told her that she must maintain the horse in good flesh (of course!) & not neglect it in any way until by law the horse was awarded to her -- otherwise, even though it wasn't her horse yet, she was the one taking care of it & would be the one in trouble if neglected (even though she wasn't being paid to take care of it). Thankfully she checked the situation out (as she was going to just sell the horse for the back board) as they told her that if she did that then the original owners could come back with what they owe & then sue her for selling their horse. Not sure what the rules are in other states -- but I do know in Pa there's a certain timeframe that they have to be 'back on' & then legal procedings have to take place.
She learned one thing out of this --- make sure you have a clause in your contract........

[spacehorse]

Wow, I would have to say that is the fattest arab I have ever seen. How can that possibly be an arab, a purebred at that?

[Renae]

Every state except Rhode Island has a stableman's lien law. In Wisconsin it is
WISCONSIN STATUTES
ACTIONS AND PROCEEDINGS IN SPECIAL CASES
CHAPTER 779. LIENS
SUBCHAPTER IV. MECHANIC'S LIENS, ETC.
779.43. Liens of keepers of hotels, livery stables, garages, marinas and pastures
3) Subject to sub. (4), every keeper of a garage, marina, livery or boarding stable, and every person pasturing or keeping any carriages, automobiles, boats, harness or animals, and every person or corporation, municipal or private, owning any airport, hangar or aircraft service station and leasing hangar space for aircraft, shall have a lien thereon and may retain the possession thereof for the amount due for the keep, support, storage or repair and care thereof until paid.
779.48. How such liens enforced
(2) Every person given a lien by ss. 779.41 and 779.43(3) may in case the claim remains unpaid for 2 months after the debt is incurred, and a person given a lien under s. 779.47(2) may if the claim remains unpaid 90 days after the lien is perfected, enforce such lien by sale of the property substantially in conformity with subch. VI of ch. 409 and the lien claimant shall have the rights and duties of a secured party thereunder. When such sections are applied to the enforcement of such lien the word debtor or equivalent when used therein shall be deemed to refer to the owner of the property and any other person having an interest shown by instrument filed as required by law or shown in the records of the department of transportation, and the word indebtedness or equivalent shall include all claims upon which such lien is based.

[Kate66]

Don't know the law, but can that possibly be an Arabian??

[Renae]

A friend of mine in Pennsylvania had this happen to her & she was NOT allowed to sell the gelding. She had to take the legal procedings before being able to sell the horse -- + they told her that she must maintain the horse in good flesh (of course!) & not neglect it in any way until by law the horse was awarded to her -- otherwise, even though it wasn't her horse yet, she was the one taking care of it & would be the one in trouble if neglected (even though she wasn't being paid to take care of it). Thankfully she checked the situation out (as she was going to just sell the horse for the back board) as they told her that if she did that then the original owners could come back with what they owe & then sue her for selling their horse. Not sure what the rules are in other states -- but I do know in Pa there's a certain timeframe that they have to be 'back on' & then legal procedings have to take place.
She learned one thing out of this --- make sure you have a clause in your contract........


I'm not sure if you friend got told correctly, sounds like she made in much more complicated than it has to be. This is PA law
PENNSYLVANIA STATUTES
TITLE 6. BAILEES AND FACTORS
CHAPTER 1. BAILEES LIENS AND ENFORCEMENT


§ 11. Procedure for sale of personal property under common law lien

Hereafter where any person, corporation, firm, or copartnership may have what is known as a "common law lien" for work done or material furnished about the repair of any personal property belonging to another person, corporation, firm, or copartnership, it shall be lawful for such person, corporation, firm, or copartnership having said common law lien, while such property is in the hands of the said person, corporation, firm, or copartnership contributing such work and material, to give notice in writing to the owner of the amount of indebtedness for which said common law lien is claimed for the labor and material that has entered into the repair, alteration, improvement, or otherwise, done upon the said property. If the said claim for said work or material is not paid within thirty days the said person, corporation, firm, or copartnership to which said money is due, may proceed to sell the said property, as hereinafter provided: Provided, however, That the owner of said property, if he disputes said bill, may issue a writ of replevin, as provided by law, within the said thirty days, and the said dispute shall be settled in said action of replevin.



§ 12. Notice of sale

The notice hereinbefore provided for shall contain an itemized statement setting forth the work and material furnished for the repair, alteration, or improvement of the said personal property, and shall be verified by oath of the claimant; and if said claim is not paid within said thirty days then the said claimant may sell the said property at public sale by giving ten days' notice thereof in the same manner as personal property is sold by sheriff or constable.



§ 13. Disposition of proceeds

After satisfying the lien and any costs that may accrue, any residue remaining shall on demand, within six months, be paid to the owner of the property; and if such residue is not demanded within six months from the date of the sale, the same shall be deposited by the person making the sale with the treasurer of the county, together with a statement of the claim and the costs of enforcing the same, a copy of the published notice, and of the amounts received for the goods at said sale. Said residue shall by the county treasurer be credited to the general revenue fund of the county, subject to the right of the owner, or his personal representatives, to reclaim the same at any time within three years from the date of the deposit with the county treasurer.



§ 14. Title on sale

All sales of property made under this act shall be as conclusive to the title conveyed as if sold by a sheriff or constable.



§ 15. Lien on goods for carriage, storage or labor; sale of goods

In all cases, in which commission merchants, factors and all common carriers, or other persons, shall have a lien, under existing laws, upon any goods, wares, merchandise, or other property, for, or on account of, the costs, or expenses, of carriage, storage, or labor bestowed on such goods, wares, merchandise, or other property, if the owner, or consignee of the same, shall fail, or neglect, or refuse to pay the amount of charges upon any such property, goods, wares, or merchandise, within thirty days after demand thereof, made personally upon such owner, or consignee, then, and in such case, it shall and may be lawful for any such commission merchant, factor, common carrier, or other person, having such lien, as aforesaid, after the expiration of said period of thirty days, to expose such goods, wares, merchandise, or other property, to sale, at public auction, and to sell the same, or so much thereof, as shall be sufficient to discharge said lien, together with costs of sale and advertising: Provided, That notice of such sale, together with the name of the person, or persons, to whom such goods shall have been consigned, shall have been first published for two successive weeks, in a newspaper, published in the county, and by six written, or printed handbills, put up in the most public and conspicuous places in the vicinity of the depot where the said goods may be.



§ 17. Disposition of proceeds

The residue of moneys arising from any such sales, either under the first or second sections of this act, after deducting the amount of the lien, as aforesaid, together with costs of advertising and sales shall be held subject to the order of the owner or owners of property.

[tbracer65]

That's definitely an arab --- has the head, the neck & the hind end......just fat!!

[tkhawk]

It can certainly be done. Can't blame the BO-I think in CA you have to take it to auction or at least have a public bidding-openly. I do not know the exact legalese though. But it is the fault of the owner for abandoning the horse....If it was something else, they could negotiate witht he BO-but this must be a last option. A fat Arab though...

[Woodland]

PK1027 - What are we BO's supposed to do? It happens all the time. We can not keep them all for free just waiting for the owner to come back and pony up - they never do.

They eat, poop, drink, need bedding, need the vet, the dentist, the shoer, and we pay and pay and pay.

Lucky for that stables it is not a high end horse. Those of us that get stuck with those end up YEARS in litigation and expenses. Usually culminating with a court ordered sale which delivers us a FRACTION of what we have spent in proper upkeep.

In this market that stables will be luck to GIVE AWAY the now grade arab mare with no distinguishable attributes. For the mares sake I hope she rides good or off to Mexico or Canada she'll go!

SHAME on the mare's owner for putting that horse in peril !!!!!

[Donkaloosa]

It depends on the state, and the laws vary from state to state. I boarded once where this had to be done. BO had to send X number of registered letters to the horse owner stating that the horse and tack would be sold unless backboard was paid immediately, etc. Had to go through a lawyer and all kinds of crap. The horse was a nice, nice barrel mare. BO and another boarder and I (all pleasure horse riders) hopped on her one night --- she was pushbutton and super calm, was being run in a snaffle and would immediately settle down after a run and quietly walk out. We had a blast with her. :-) Anyway, the registered letters were all signed for, but the horse owner never responded, so horse and tack were sold for backboard. Anything raised over backboard would have to go to the horse owner. New owner immediately hauled mare off to a competition and won.

Not all barn owners continue to care for a horse that has been abandoned --- but the good ones will. This barn owner had maintained her as though it were her own horse.

Go fig --- the horse sold for a lot less than she was worth, but at least she got another good home.

Donk