Hi I have a boarder who has always been bad about paying on time, and I always have to chase her down. Anyways this month she has not payed, and when I told her I needed the money now she quit responding to any kind of contact I've tried. I then told her that if she could not pay her board in a timely manner, and if I didn't receive payment for mays board she needed to find a new place to move her horse to. Still no response. I have in my contract that I can put a lien on her property, but I was wondering what other options there are. I know that in some states you can sale the horse yourself after so much debt/time. How can I get payed, and how can I make her leave??!!
Your best bet would be to consult with someone local who specializes in equine law. What can and can't be done legally varies so much from state to state.
If you know how to find her you could show up somewhere you know she'll be...don't really know how good of an idea that is though. Odds are if she's dodging you like this she just doesn't have the money and what's that old saying? Can't get blood from a turnip?
I feel for ya, sucks to be put in this position. I know it's not what you want to hear but your best bet is probably to seek advice locally and not get your hopes up for a swift resolution. In the meantime just keep hounding her with phone calls.
You need to contact an equine atty for your local area / county / state. Depending on the law, what you should do could vary widely. I would recommend sending registered mail to start the paper trail for failure of payment. Also document any texts, calls etc so that you can demonstrate your attempt to contact the person (and lack of response).
I totally agree with Glory and JB-contact an attorney, find out how to proceed, and give the owner an eviction notice with the late notice. Find out how to do a stableman's lien in your state, and in all future boarding contracts include definite regular payment dates, late fees, and include the penalty for non-removal of horse after eviction deadlines happen.
Time for a certified letter and attorney. I just hope she doesn't take her horse when you aren't home, someone I know had that happen and put a lien out... Winds up the woman basically owns nothing, so no help there. Horses were sold by the next barn to satisfy her back due board there, so no $$ off that either. Please note I am not advocating you try to keep her from taking her horse either, that is a bad idea. But selling that horse, legally, is probably the only way you will see money.
Stop contacting her via calls or texts and send the letter.
In this type of scenario with an owner who most likely doesn't have the means to pay and a horse that most likely isn't worth much your best bet is to get the horse moved ASAP and then sue for the money in small claims court. Putting a lien on a worthless horse that eats and requires care is not a winning move. If you really have lost your ability to get in touch with the owner then you may indeed need an attorney to help you through the process of taking ownership of the horse so that you can sell it.
Definitely varies by state. Start with a demand letter ie. Pay in full by x day or y will happen. Send it certified mail. Send it tomorrow as that has to be a couple weeks in the future at least. That will give you time to research your Innkeeper's liens in your state. You should not need a lawyer. What you can not do is move the horse or sell it or give it away. Been there, done that unfortunately but he did pay almost in full the day before the small claims court proceedings and most importantly got the horse out of my barn. This was over the course of four months!
I would be hard to do something face to face she has been out to the barn twice in 6 months. I am the one who hoses the horse off, brushes her, and picks her feet. The horse is a 14 year old hanoverian mare that apparently did 3rd level before they got her, but who knows if that even true. So if I don't have to wait to long I could get some money for her as a potential broodmare, but they probably wouldn't give me her papers. Working on getting a registered letter out tuesday since I think the post office will be closed monday. Also I finally got in touch with the husband, and he says he is not removing the horse because he has no where to put her. I told him he should put her at a cheaper boarding facility. Also he acts like its my responsibility to get the situation fixed. I am also thinking about spending the money to talk to an equine attorney.
I'd rather eat the board money than get stuck with the horse. If she is what they say she is, she's worth some money. Which means they might be lying, or she's permanently injured and I would NOT want to win that as a prize.
While I agree that contacting a lawyer is the place to start, I might consider trying to talk to the boarder with a "hey, I can see that you're in trouble here, what can I do to help? Can I help you list the horse for sale?" sort of conversation. Maybe it is too late for that, though.
Do you have a written signed contract with her? If so, good. If you know where she lives, go to her house and discuss it with her. (Take someone with you for a "witness" to anything that transpires)------Do you want her horse? If so, do a stableman's lien on it. Otherwise, I'd tell her I am bringing it to her house and leaving it (sounds extreme but works alot of the time). Take her to small claims court for what you are owed. You do not need an attorney to do that. If you do not have a written contract with her then kick yourself in your butt. And learn.
I read these situations so much on here-----I just got $500 owed me by a girl that boards here. She owed me $50 from March, $150 from April and $300 for May. I just told her that I know she is shopping, etc and she needs to pay me or else.
You need to find out what the law is in your state/county for a stableman's lien. And then you have to follow the law. In many places, it's a certain period of time (say 45 to 60 days), you must advertise in a local paper and the horse must be sold at auction. You get to keep the amount owed you, the rest goes to the owner.
Personally, I'd be glad if they just came and took the horse...get it off your bill. Then you can just sue in small claims court for back board. Document, document, document.
[QUOTE]I'd rather eat the board money than get stuck with the horse[QUOTE]
I don't ever want to seize the horse of a deadbeat boarder.
I just want them gone asap otherwise I will be even more out of pocket looking after the horse from then on.
I don't let people get in arrears so would rather take a small hit financially just to have them gone as soon as possible. Heck it might even be worth paying them to leave if it saves me from being stuck with responsibility for feeding ,etc, their unsaleable horse..
It's not a great advantage to exercise a stableman's lien unless the horse is easily saleable for significant bucks- and they almost never are that..
If you do send a certified letter, also send a duplicate regular mail. Often the recipient won't sign for a certified letter, but in almost all courts, regular mail service is considered received just by having mailed it. But you should do both.
Being right half the time beats being half-right all the time. Malcolm Forbes
Your contract should require a deposit that covers your carrying cost for the horse for 30 days in case the boarder stops paying. You should address nonpayment in the contract as well - and have boarder initial all areas where payment is agreed upon (ie, $500 due the first of every month and must be paid by the 10th or whatever). If the bill goes 30 days past due and no payment has been made, boarder agrees to whatever your state specifically allows wrt stablemans lien. Or you can just take the horse to the boarders house very early one morning and hand it over.
I am glad your boarder finally paid and agree with trubanloki that it is time to give the boarder notice. I take it as a very deep insult when not paid for caring for someone else's animals. I also find it difficult to approach the subject with the offender. We all know times are tough out there and we all have bills to pay,pay your board on time.