• Welcome to the Chronicle Forums.
    Please complete your profile. The forums and the rest of www.chronofhorse.com has single sign-in, so your log in information for one will automatically work for the other. Disclaimer: The opinions expressed here are the views of the individual and do not necessarily reflect the views and opinions of The Chronicle of the Horse.

Announcement

Collapse

Forum rules and no-advertising policy

As a participant on this forum, it is your responsibility to know and follow our rules. Please read this message in its entirety.

Board Rules

1. You’re responsible for what you say.
As outlined in Section 230 of the Communications Decency Act, The Chronicle of the Horse and its affiliates, as well Jelsoft Enterprises Ltd., the developers of vBulletin, are not legally responsible for statements made in the forums.

This is a public forum viewed by a wide spectrum of people, so please be mindful of what you say and who might be reading it—details of personal disputes are likely better handled privately. While posters are legally responsible for their statements, the moderators may in their discretion remove or edit posts that violate these rules. Users have the ability to modify or delete their own messages after posting, but administrators generally will not delete posts, threads or accounts upon request.

Outright inflammatory, vulgar, harassing, malicious or otherwise inappropriate statements and criminal charges unsubstantiated by a reputable news source or legal documentation will not be tolerated and will be dealt with at the discretion of the moderators.

2. Conversations in horse-related forums should be horse-related.
The forums are a wonderful source of information and support for members of the horse community. While it’s understandably tempting to share information or search for input on other topics upon which members might have a similar level of knowledge, members must maintain the focus on horses.

3. Keep conversations productive, on topic and civil.
Discussion and disagreement are inevitable and encouraged; personal insults, diatribes and sniping comments are unproductive and unacceptable. Whether a subject is light-hearted or serious, keep posts focused on the current topic and of general interest to other participants of that thread. Utilize the private message feature or personal email where appropriate to address side topics or personal issues not related to the topic at large.

4. No advertising in the discussion forums.
Posts in the discussion forums directly or indirectly advertising horses, jobs, items or services for sale or wanted will be removed at the discretion of the moderators. Use of the private messaging feature or email addresses obtained through users’ profiles for unsolicited advertising is not permitted.

Company representatives may participate in discussions and answer questions about their products or services, or suggest their products on recent threads if they fulfill the criteria of a query. False "testimonials" provided by company affiliates posing as general consumers are not appropriate, and self-promotion of sales, ad campaigns, etc. through the discussion forums is not allowed.

Paid advertising is available on our classifieds site and through the purchase of banner ads. The tightly monitored Giveaways forum permits free listings of genuinely free horses and items available or wanted (on a limited basis). Items offered for trade are not allowed.

Advertising Policy Specifics
When in doubt of whether something you want to post constitutes advertising, please contact a moderator privately in advance for further clarification. Refer to the following points for general guidelines:

Horses – Only general discussion about the buying, leasing, selling and pricing of horses is permitted. If the post contains, or links to, the type of specific information typically found in a sales or wanted ad, and it’s related to a horse for sale, regardless of who’s selling it, it doesn’t belong in the discussion forums.

Stallions – Board members may ask for suggestions on breeding stallion recommendations. Stallion owners may reply to such queries by suggesting their own stallions, only if their horse fits the specific criteria of the original poster. Excessive promotion of a stallion by its owner or related parties is not permitted and will be addressed at the discretion of the moderators.

Services – Members may use the forums to ask for general recommendations of trainers, barns, shippers, farriers, etc., and other members may answer those requests by suggesting themselves or their company, if their services fulfill the specific criteria of the original post. Members may not solicit other members for business if it is not in response to a direct, genuine query.

Products – While members may ask for general opinions and suggestions on equipment, trailers, trucks, etc., they may not list the specific attributes for which they are in the market, as such posts serve as wanted ads.

Event Announcements – Members may post one notification of an upcoming event that may be of interest to fellow members, if the original poster does not benefit financially from the event. Such threads may not be “bumped” excessively. Premium members may post their own notices in the Event Announcements forum.

Charities/Rescues – Announcements for charitable or fundraising events can only be made for 501(c)(3) tax-exempt organizations. Special exceptions may be made, at the moderators’ discretion and direction, for board-related events or fundraising activities in extraordinary circumstances.

Occasional posts regarding horses available for adoption through IRS-registered horse rescue or placement programs are permitted in the appropriate forums, but these threads may be limited at the discretion of the moderators. Individuals may not advertise or make announcements for horses in need of rescue, placement or adoption unless the horse is available through a recognized rescue or placement agency or government-run entity or the thread fits the criteria for and is located in the Giveaways forum.

5. Do not post copyrighted photographs unless you have purchased that photo and have permission to do so.

6. Respect other members.
As members are often passionate about their beliefs and intentions can easily be misinterpreted in this type of environment, try to explore or resolve the inevitable disagreements that arise in the course of threads calmly and rationally.

If you see a post that you feel violates the rules of the board, please click the “alert” button (exclamation point inside of a triangle) in the bottom left corner of the post, which will alert ONLY the moderators to the post in question. They will then take whatever action, or no action, as deemed appropriate for the situation at their discretion. Do not air grievances regarding other posters or the moderators in the discussion forums.

Please be advised that adding another user to your “Ignore” list via your User Control Panel can be a useful tactic, which blocks posts and private messages by members whose commentary you’d rather avoid reading.

7. We have the right to reproduce statements made in the forums.
The Chronicle of the Horse may copy, quote, link to or otherwise reproduce posts, or portions of posts, in print or online for advertising or editorial purposes, if attributed to their original authors, and by posting in this forum, you hereby grant to The Chronicle of the Horse a perpetual, non-exclusive license under copyright and other rights, to do so.

8. We reserve the right to enforce and amend the rules.
The moderators may delete, edit, move or close any post or thread at any time, or refrain from doing any of the foregoing, in their discretion, and may suspend or revoke a user’s membership privileges at any time to maintain adherence to the rules and the general spirit of the forum. These rules may be amended at any time to address the current needs of the board.

Please see our full Terms of Service and Privacy Policy for more information.

Thanks for being a part of the COTH forums!

(Revised 1/26/16)
See more
See less

taking ownership of a horse in leiu of an unpaid board bill...

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • taking ownership of a horse in leiu of an unpaid board bill...

    I'm SURE this has been talked about, but I failed to find it in my searches of the COTH forums...I'm sure I just didn't word my search correctly. We have a horse that hasn't had a penny paid on it in over 6 months and the time has come to take over this horse's ownership and sell him. Any advise on where I go to find out the procedure without having to pay a lawyer $2K to get money I am already out??
    Stacy

    Stacy
    www.rushtonstables.com

  • #2
    A lot depends upon where you live. Easy peasy in MD.
    McDowell Racing Stables

    Home Away From Home

    Comment


    • #3
      This is actually how I came to own a horse I had previously owned. I sold him and two years later the girl I sold him to abandoned him. I am not sure of the rules - this was a massive facility and at the time they actually and unbelievably did not have a policy in place. They did end up getting the old owner to sign a bill of sale and they waived the board that the old owner owed. I paid a $1 for the horse and then paid up his past-due board and took him home (again).
      http://burpclothsandsaddlepads.blogspot.com/

      Comment


      • #4
        It depends upon the state in which you live. In some states you are personally allowed to take ownership of the horse, in others you must auction the horse. In MD I believe that you have the send a registered letter, post ads in the papers that the animal will be auctioned and then you can hold an auction, or take the animal to an auction.

        I don't own a boarding facility, and I'm not entirely sure I have the details perfect, but pretty close I think. In your case I would call the county extension office, they should know exactly what you need to do.

        Good luck

        LBR
        I reject your reality, and substitute my own- Adam Savage

        R.I.P Ron Smith, you'll be greatly missed

        Comment


        • #5
          There is a procedure in LA. Notice must be given in the newspaper. You must send a certified letter demanding payment. No response, horse is yours.

          If they do respond, small claims court is a possibility depending on how much is owed. lawyer not necessary.
          “Reality is merely an illusion, albeit a very persistent one.”
          ? Albert Einstein

          Comment


          • #6
            You really need to spend the few $ on a consultation with an attorney.

            Or you can spend much of your time going to the courthouse and pick brains there.
            Each state has their own laws on repossession, you don't want to make a mistake.

            Some require you post a public notice and tell you where and how and for how long, how to register your claim, initially maybe with the sheriff and then the court house and how to proceed, depending on what happens.

            If you are worried about the cost, attorney's offices will tell you what one consultation visit is, shop around.

            Comment


            • #7
              Looks like your in CA.

              Start by reading this:

              http://www.equinelegalsolutions.com/...stersLien.html

              Then this:

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

              Then buy an hour of a local lawyer's time to ensure that what you do is correct.

              Good luck in youy project.

              G.
              Mangalarga Marchador: Uma Raça, Uma Paixão

              Comment


              • #8
                California Civil Code Division 3, Part 4, Title 14, Chapter 6.7 Section 3080 provides California boarding stables with an automatic lien upon horses in their possession for unpaid board. This lien is often referred to as an “agister’s lien.” No filing is necessary – the lien continues so long as the horses are in the stable’s possession. The stable can use any peaceable and lawful means to prevent the horses from leaving the property, such as padlocking the horses’ enclosures. If the horses’ owners arrive to take the horses, the boarding stable can call law enforcement to assist them in preventing the horses from leaving.

                However, the boarding stable cannot lawfully sell the horses to satisfy the lien without a court order. Typically, the simplest method of obtaining a court order is to take the boarder to small claims court and obtain a judgment for the past due board. The boarding stable can request its expenses as part of the claim, such as attorneys’ fees, court costs and process serving costs, and the current limit in California small claims court is $7,500.

                Often, the most difficult part of bringing a small claims court suit is locating and serving the boarder. California small claims rules provide for service by certified mail, but certified mail service seldom works, because most nonpaying boarders know that no good news ever arrives by certified mail, and therefore they will not sign for the certified mail. Often, while the stable waits for the certified mail postcard evidencing signature to come back, the deadline for serving the boarder expires, requiring the stable to obtain a new court date and start the service process all over again. Meanwhile, the stable is continuing to feed and care for the boarder’s horses, costing the stable additional resources. To locate and serve the nonpaying boarder promptly, there is no substitute for hiring an experienced, professional process server.

                Once the stable has obtained a judgment against the boarder, the boarder will have 30 days to pay the judgment. If the boarder pays the judgment, the stable must release the horses to the boarder. If the boarder has not paid the judgment within 30 days, the stable can then petition the court for an order permitting them to sell the horses. If the stable sells the horses, it must follow certain notice requirements for the sale – see Section 3080.17.

                What happens if the stable doesn’t obtain a court order or otherwise follow the statutory procedure before selling the boarder’s horses? The boarder may have a legal claim for “conversion,” which is essentially a civil form of theft, in the amount of the horses’ fair market value, plus any reasonable expenses that the boarder incurs in pursuing the horses. However, the boarding stable would still have a legal claim for the outstanding board amount (less any proceeds that the stable received from the sale of the horses), and the amount of this claim typically exceeds the horses’ worth. Therefore, a boarder’s suit for conversion would only be worthwhile if the horses’ fair market value greatly exceeds the amount of outstanding board, which is not usually the case.

                Boarding stables can avoid the lengthy and costly statutory lien sale process by having a boarding contract specifying that the stable has the right to sell the horses after a certain period of unpaid board and that the boarder waives his or her rights under the California agister’s lien statutes. Equine Legal Solutions’ boarding forms package includes a boarding contract containing the necessary clauses.
                ... _. ._ .._. .._

                Comment


                • #9
                  The best advice I ever received was to not take ownership but to have the owner pick up the horse, then go after the owner in small claims court. Every day the horse is there, he's costing you money. If he doesn't sell quickly or for a decent price, you're just upping the amount you need to recoup.

                  Comment


                  • #10
                    Originally posted by LauraKY View Post
                    The best advice I ever received was to not take ownership but to have the owner pick up the horse, then go after the owner in small claims court. Every day the horse is there, he's costing you money. If he doesn't sell quickly or for a decent price, you're just upping the amount you need to recoup.
                    you go to the small claims court anyways to get a claim form to get horse on a lieu basis

                    Comment

                    Working...
                    X