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PSA: Georgia Boarders Beware - Horses "held hostage" via bogus lien

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  • #21
    I would check to see if the facility is registered with the Department of Agriculture. Horse people are not always good at paperwork The statute says the facility must be registered in order to have a legal lien placed.

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    • #22
      Yes to the restraining order then...well, is there any dirty laundry out there on this person?...w/criminals, finding then'weakest link' isn't too difficult...with google you don't even need to hire a PI. You stay away from me while I get my horse, and I 'wont' call the unemployment office or the SS administration & tell them that your 'back problem' which prevents your from earning an income allows you to clean stalls & perform barn chores, as you been blasting publicly all over FB for the past year...while collecting. Taxes paid? What's that form...? I doubt the paperwork is in order & horse people are notorious for tax evasion according to my favorite former IRS-turned Accounting Professor. They generally fail because the paperwork isn't in order...maybe call your accountant & see what paperwork options are - back taxes/evasion is a real scare. Are they paying the proper amount into workmans comp & unemployment & now - healthcare obligations w/ obamacare as of what, October? Get creative. Their lack of knowledge is your friends opportunity. And no, I'm not evil, but my fathers a lawyer, mother an accountant + my own current career = a vivid imagination.

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      • #23
        [QUOTE=findeight;7222562]That depends on how bad movie cliche "southern" the cops and judges are in whatever county or local jurisdiction may be involved, particularly if its rural. I ran into it in Texas, unbelievable but actually dealt with it. That trainer may also have relatives or friends in law enforcement making it impossible to get anything done. However I would get a local lawyer familiar with that jurisdiction and those who run it who can get a judge to issue the restraining order and try that route.

        Sneaking around in the dark trying to remove property held under a legal lien, no matter how odious, can end up with you on the pokey. Some places it will get you shot- it is deer season, ooops.

        Get a restraining order. Don't have to find the statute unconstitutional, just a simple order to prevent the BO from taking possession pending further investigation. If that fails

        Sneaking around in the dark trydremove property held under legal lien, no matter how odious, can end up

        Yes... it all depends on who knows who and how closely or not they follow the law. These things are just nuisances to LE.. If you can do the TRO, do it right now. They aren't an option in Virginia.

        Tbh, I don't think she'll get the horse back. It's become incredibly easy to "legally steal" horses. I just had one "legally" stolen by someone who never did and still doesn't have a signed Bill of sale saying she ever owned the horse. What she had was a couple generations of breeding into the rural clans and she had an AC officer show up at court who she greeted by first name. AC officer proceeds to swear under oath that he'd spoken to me on the phone, at the "legal thief's" request the day after the theft. In court he claimed that I didn't disoute the ownership (whaaaa?) during that call. He then said that he spoke to my father by phone that same day and that my father told ac that LegalThief owned the horse. Total, utter perjury. And we didn't get the chance to deny his claims but I sure do want to subpoena the records to see what numbers he called during those times bc it wasn't me or my dad (wtf my dad has zip to do with horses) it's not over but considering that my attempt to subpoena the criminal records was quashed and i heard whines about the CA being sick of the case yet apparently given freely to the "legal" thief, the next go around won't end any better.

        But there are more tricks up the sleeve to stop them stealing and killing horses all over this area and it'll get done in the end ...this clearly wasn't their first dog and pony show. For all I know, the stolen and othereise illegally obtained ones are heading to miami. They disappear fast and there are so many. At least it looks like the FBI is finally paying attention to all the shady people the slaughter pipeline brings us and all the new victims.so. I'm not giving up yet.

        Anyway, sorry for wandering but if all this can happen so insanely cut and dry as a nutter who decided she was going to take my horse and say it with crazy authority but with zero legal basis, then your friend has no shot. She has a probably legal albeit crappy lien against her horse and your friend doesn't have the exorbitant blackmail requested. The best we can all wish for is this quote down here vvvvv



        Originally posted by Spotted Pony View Post
        I would check to see if the facility is registered with the Department of Agriculture. Horse people are not always good at paperwork The statute says the facility must be registered in order to have a legal lien placed.
        Fingers crossed that their officework ranks the same as their ethics. This is the only way he comes home in my experience.


        Originally posted by Spotted Pony View Post
        I would check to see if the facility is registered with the Department of Agriculture. Horse people are not always good at paperwork The statute says the facility must be registered in order to have a legal lien placed.
        Please don't try to be a voice of reason. It's way more fun to spin things out of control. #BecauseCOTH - showhorsegallery

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        • #24
          I would also note that the lien is in favor of the operator of a facility for boarding horses. Therefore, the lien at least arguably does not act in favor of a trainer who is (or whose clients are) merely leasing stalls from a larger facility. The strength of this argument does depend at least somewhat on the stall lease arrangement (assuming the facility isn't owned by the trainer).

          But this is just an additional argument against the lien, and there are many stronger arguments (for example, the money is not owed). The key is getting it before a judge. I'm not a GA attorney, but as a general matter and if this was in my state, I'd be looking to get a TRO/temporary injunction to stop the sale or disposal of the animal pending a trial to determine that the debt is not actually due. I'd probably also seek to post a bond for the amount due in exchange for the right to take the horse while the mess is resolved. The owner should definitely be working with an attorney on this one.

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          • #25
            Originally posted by pds View Post
            I'd tack up my horse go for a trail ride and never come back.
            THIS! Seriously! I'd be riding to my trailer waiting just out of sight!!
            http://www.facebook.com/pages/Fentre...24774504235082

            http://fentressfieldsequestriancenter.com/

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            • #26
              Since this post was made on the H/J forum, I am assuming it is a H/J facility - correct?

              And, FWIW - agister's liens are not exclusive to GA. Almost every state has similar statutes, although the specific provisions usually differ from state to state.

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              • #27
                Not a GA lawyer... but I'd be filing a TRO yesterday.
                ~Veronica
                "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
                http://photobucket.com/albums/y192/vxf111/

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                • Original Poster

                  #28
                  Many thanks to all who have responded trying to help. FWIW, my friend does have a lawyer who is handling the matter and I am sure she will take the necessary steps to get the matter resolved.

                  I've gotten quite a few PMs asking me to name the trainer, which I'm not going to do, at least until my friend's situation is resolved. Although from what I hear, word is getting around.

                  The point of my post was really to share the scary reality of this statute - which allows someone to take control of a horse that you own and prevent you from taking it elsewhere without having to prove you owe them any money.

                  There is no mechanism in the statute that requires them to document the charges they claim you owe, and yet if you don't pay them within 10 days, they can take your horse and sell it, or even put it down. Sure, you can then go after them after the fact... but by then whatever's happened to the horse has happened. It's insane.

                  Again, I have zero problem with barn owners/trainers being able to put a lien on a horse when charges are legitimately owed. But the way this statute is worded, an unscrupulous barn owner/trainer can just fabricate a big bill, send a demand to be paid via fedx, and voila - they have just taken control of your horse. And THAT I have a big problem with.
                  **********
                  We move pretty fast for some rabid garden snails.
                  -PaulaEdwina

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                  • #29
                    BAC, I sent you a PM.
                    COTH's official mini-donk enabler

                    "I am all for reaching out, but in some situations it needs to be done with a rolled up news paper." Alagirl

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                    • #30
                      I had a horse I leased out, who got a lien placed on him when the leasee didn't pay the board bill. The Dad was a bit strange, as was the BO, so I never could quite get the true story from either of them, but when I found out the horse was being used for lessons, and not being turned out - both of which were strictly against the lease terms - I picked my horse up. It was a mess, and I ended up having to get police involved, but thankfully they saw where I had prove of ownership, etc. and the BO had nothing.

                      I do know the trainer involved, and, the situation makes me sad, but until things get straightened out, I do hope that no one names any names on here.
                      The Equine Wellness and Nutrition FB Group - Come join us!!
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