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Boarders won't pay, and won't leave. What are my options?

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  • Boarders won't pay, and won't leave. What are my options?

    I have been boarding for 12 years and never had this happen. I had someone bring 2 horses to me for boarding January 1. They didn't pay me anything until the 15th(!!), and THEN only HALF, and didn't tell me it was half until they gave it to me. They have strung me along with excuse after excuse as to why they can't pay today, but tomorrow, next week, the week after, etc... I told them Tuesday I was evicting them due to non payment, they were supposed to be out today. I get a call today saying we have no where to take them, sob sob, poor us, can they stay longer?? (Can we pause to admire the brass balls there??) I tell them they can stay one more week IF they bring me payment TODAY. I get in return more excuses as to why they can't. WTH do I do?? The horses are valueless. If you saw them you would say someone would have to pay YOU to take them. I want to cover my rear and not so anything that could cause harm (suggestions of "turn them loose" or "tie them to a tree" included), and any lein is worthless if they can't pay it. I'm pretty flabbergasted right now. Any thoughts? Police report/Animal control due to abandonment? I am normally on the side of too lenient, which is probably why I am in this position...
    http://www.facebook.com/pages/Fentre...24774504235082

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  • #2
    Originally posted by mpsbarnmanager View Post
    Police report/Animal control due to abandonment? I am normally on the side of too lenient, which is probably why I am in this position...
    I'd start with animal control as at the very least, they're likely to be familiar with applicable laws in your state

    Comment


    • #3
      A Workmens Lien will take time, but if the sad stories of No Money aren't true they will be forced to pay or you take possession & sell the horses.
      Forget what they're "worth", sell for what you are owed.

      If you don't want to care for the horses until the lien is satisfied or a judgement against them is placed by a court (more time) then AC could take them off your hands.

      Both solutions dependent on the law in your area, so talking to a lawyer s/b Step 1.

      Sorry you got stung.
      *friend of bar.ka*RIP all my lovely boys, gone too soon:
      Steppin' Out 1988-2004
      Hey Vern! 1982-2009, Cash's Bay Threat 1994-2009
      Sam(Jaybee Altair) 1994-2015

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      • #4
        You need to find out your state's laws on a stableman's lien. By accepting the half pay for January, you might not be able to enforce the board amount for that month depending on your state laws. I hope you have more information on this owner, and a signed contract. I hope you have some proof of ownership, and more contact information on this owner.

        Don't beat yourself up over this. I think it's amazing you've only run into a deadbeat like this once, and I bet it's not the owner's first time doing this either. If they never pay you, take them to small claims court, and if you win and they don't pay, you might be able to get a notation put on their credit reports.
        You can't fix stupid-Ron White

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        • #5
          What happens if you say "you must remove your horses by -x date- or I am turning them over to animal control and you will be hearing from my attorney"?

          You told them to get out, they whined and you caved. Don't cave next time and maybe they'll just leave. At this point, just getting them gone sounds preferable than trying to get any cash out of them. Just insisting the horses go--and being firm about it--would be a whole lot easier than going through the process of a stableman's lien. Worth trying.

          Comment


          • #6
            First question: what does your contract say?

            Second question: Have you gone here to see what your local laws say?

            http://asci.uvm.edu/equine/law/lien/lien.htm

            http://asci.uvm.edu/equine/law/srv_lien/srv_lien.htm

            Third question: Do you have an attorney? If not get one and have them word a letter for you and give you a "template" for dealing with this in the future.

            If you've gone 12 years without this problem you are many times blessed. But now it's your turn.

            G.
            Mangalarga Marchador: Uma Raça, Uma Paixão

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            • #7
              get an attorney now... you are on the hook for the care of these two horses until the court grants you control---many months from now.

              Comment


              • #8
                Provided you are still in VA: http://asci.uvm.edu/equine/law/lien/va_lien.htm
                You need to go through the lien process. Yes, the horses may not sell for what you are owed, but this is the legal way to get them out of your barn so you don't have to continue caring for them out of your own pocket. It does not take many months and does not require getting permission from a court.

                You might be able to go to small claims afterward to get a judgement for the rest of the money, although whether or not you will ever actually see the money is another story.
                Flickr

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                • #9
                  AC might not take off your hands, actually. Not all counties have places set up for horses, so why/how could they??

                  But he/she might know the offender's name and tell you whether or not you have a snowball's chance in hell of getting paid. Get advice from there and move on.
                  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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                  • #10
                    Also, never allow anyone to move in next time without paying before the horses are UNLOADED.
                    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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                    • #11
                      And what G said... what does your signed contract say? No signed contract, no unloading horse.

                      Should spell out boarders and BO's responsibilities with regard to boarding said horses.
                      Punish your dog for what he does wrong and he’ll live in fear of making mistakes. Praise him for what he does right and he’ll give the best he can.

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                      • #12
                        Why do you keep giving them extensions to pay?
                        Do you have a signed contract?

                        Comment


                        • #13
                          Where I live you can put a lien on the TACK instead of the horses. I would look into that. Tack costs less to feed. I hope you are able to resolve the issue.
                          Freeing worms from cans everywhere!

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                          • #14
                            Originally posted by CHT View Post
                            Where I live you can put a lien on the TACK instead of the horses. I would look into that. Tack costs less to feed. I hope you are able to resolve the issue.
                            When you put a lien on something you generally don't keep it, in most states you must sell it, usually at auction, to attempt to satisfy the debt.

                            This is why she needs to put a lien on the horses if the people won't remove them - to legally get them off her property and her feed bill.

                            If she puts a lien on some saddles and gets a few bucks back but the horses are still sitting there in a stall eating every day - what good does that do? (Also I doubt a lien on the tack is legal in most states. A boarding contract is usually written in regard to paying to board a horse, not paying to store some saddles.)
                            Flickr

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                            • #15
                              Originally posted by furlong47 View Post

                              When you put a lien on something you generally don't keep it, in most states you must sell it, usually at auction, to attempt to satisfy the debt.

                              This is why she needs to put a lien on the horses if the people won't remove them - to legally get them off her property and her feed bill.

                              If she puts a lien on some saddles and gets a few bucks back but the horses are still sitting there in a stall eating every day - what good does that do? (Also I doubt a lien on the tack is legal in most states. A boarding contract is usually written in regard to paying to board a horse, not paying to store some saddles.)
                              That's an interesting point, that board contract/payment doesn't cover tack.

                              So should one write a boarding contract such that board is say, $499 a month for horse and $1 a month for storing tack... so that when the $500 doesn't come in, you CAN lien the tack?
                              Sometimes the tack is worth way more than the horse.
                              Yo/Yousolong April 23rd, 1985- April 15th, 2014

                              http://notesfromadogwalker.com/2012/...m-a-sanctuary/

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                              • #16
                                Originally posted by TheJenners View Post
                                Also, never allow anyone to move in next time without paying before the horses are UNLOADED.
                                ^^^THIS x 1,000,000. And get a deposit!!! I would not hesitate to have the check due 5-7 days before they move in. And ditto about the tack lien.
                                "When a true genius appears in the world, you may know him by this sign, that the dunces are all in a confederatcy against him."

                                Comment


                                • #17
                                  Originally posted by Angela Freda View Post

                                  That's an interesting point, that board contract/payment doesn't cover tack.

                                  So should one write a boarding contract such that board is say, $499 a month for horse and $1 a month for storing tack... so that when the $500 doesn't come in, you CAN lien the tack?
                                  Sometimes the tack is worth way more than the horse.
                                  Probably depends on local/state law. I do know a few people who have written into their contracts that they can put liens on tack for owed board, but not sure how enforceable it is especially if it doesn't mesh with the official lien laws. This is why it's a good idea to have a lawyer help write your contracts, or at least have a look at them.
                                  Flickr

                                  Comment


                                  • #18
                                    I'll bet if you told them that you were going to put a lien on the horses and their tack, those horses would disappear overnight. No, you won't get paid - but you won't have them in your hair anymore, either.
                                    "Cats aren't clean; they're covered with cat spit."
                                    - John S Nichols (1745-1846,writer/printer)

                                    Don't come for me - I didn't send for you.

                                    Comment


                                    • #19
                                      Equine legal solutions has some good info and shows the basic steps to be taken. Rules are state specific, so finding a lawyer in your state would be first step. I am so sorry for you and their horses that you have to go thru this. Goodness only knows where these poor beasts will wind up.

                                      I had an abandoned horse and tack years ago at a barn I was managing. We went thru the lien process. I don't remember it taking a super long time. Document EVERTHING. I would have no further verbal communication. Written only (email, texts, letters)


                                      http://www.equinelegalsolutions.com/...t-clients.html

                                      Comment


                                      • #20
                                        The reason I would put the lien on the tack (which is legal in my province) is that it takes time to run the entire process to put a lien on something, advertise the sale, and then get it to auction. I suppose you could also just put a lien on both. It is WAY easier to lock their tack up in your house so they can't sneak away with it at midnight and you can get your bill covered and you can use returning their tack as a way to barter to get the horses gone.
                                        Freeing worms from cans everywhere!

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