Ok, So I am at my wits end with my one boarder. I am a small farm with just a few boarders. One boarder has paid late the 2 of the 7 months she has been here, and the other 5 months...nothing. I am done.
I felt sorry for her .....she is a non horse person that got persuaded to buy a horse at auction by her friend to sell for a profit later, friend who happens to be a trainer. Trainer ditched friend and horse in Sept. But I have my own to provide for, and winter is a tough month to support extras that don't belong to you.
I am hoping that is I start proceedings, that maybe owner will get a clue, and find a home for this horse...someone that wants her..will love her. Owner has been out, maybe 7 times in 7 months to see her, and does nothing more than look at the horse briefly from a distance.
This month boarder (again) not paid yet and is ignoring text and e-mails.
Anyone have experience. Not sure how to proceed. Advice please...help!!!!!
Last edited by lostkiwi; Jan. 18, 2011 at 11:22 PM.
First....the ever popular question.....do you have a written boarding contract with her and what does it say if you do?
Next....go to your local library or courthouse and find the law library. Look in the index regarding agricultural liens, stableman's liens, evictions for non-payment etc....there is probably a librarian that can help you find what you need. READ all that you can find. The laws vary from state to state so you will need to follow what is necessary in YOUR state.
In general they require notification by certified letter with return receipt to the last known address of the owner. They also usually require posting of notification via newspaper (and may specify what kind of paper..ie...daily/weekly....and location) and maybe on a public bulletin board such as one at a courthouse. There are timelines involved so find out what they are and follow/meet them. In some states there is a lien already in place if you board a horse for someone..in others you have to file the lien and then foreclose on it.
The alternative might be to contact a lawyer (if you can find one that will do a free first 1/2 hour consult you may be able to get the info you need without going off for attorney fees).....take any and all paperwork including printouts of e-mails etc. and proof of your expenses in caring for the horse.
Good luck...it can take some time and be stressful.
The first thing to do is to check your contract and see what it says about non-payment....but if you don't have a contract, then you would proceed first with a letter, laying out the terms of your agreement ('you were to pay $500 per month by the first of each month as board for Fluffy"), then lay out the total amount of her debt, spell out the steps she must take ("you must pay me $X AND you must remove Fluffy to another facility no later than....., 2011), and last, but certainly not least, spell out the action you will take if she fails to complete the action you've laid out for her.
If you have to resort to legal action, you will want to talk to an attorney to see whether your situation would allow you to sell her horse to pay her obligation. If she removes the horse and still owes you money, you can probably go through small claims court without an attorney to get that.