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A Cautionary Legal Story for Those with Boarding Facilities

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  • A Cautionary Legal Story for Those with Boarding Facilities

    Eye-opening.

    http://www.pennsylvaniaequestrian.co...ks-New-Law.php
    "No matter how well you perform there's always somebody of intelligent opinion who thinks it's lousy." - Laurence Olivier

  • #2
    I'm pretty sure Missouri has laws that allow a stable owner to take possession of a horse if board isn't paid --- I know barns that have done it, through their lawyers, sending off certain required letters, and if there isn't a response, the horse is sold. I think they waited several months, 3 or so with no board payment. The horse and tack were sold for exactly what the back board payments were. Had any additional money been earned, it would have had to go back to the original owner.

    Comment


    • #3
      http://www.chronofhorse.com/forum/sh...ableman-s-Lein
      Originally posted by BigMama1
      Facts don't have versions. If they do, they are opinions
      GNU Terry Prachett

      Comment


      • #4
        We are almost in this boat right now. Had an intended broodmare come in for boarding. signed contract. First couple months paid...in payments which was not agreed on but hey, we were getting paid. then owner stops paying. Starts talking about breeding mare.( Owner worked at the track with my sister. Other than meeting us when we went to pick up the mare he has not seen the mare since.) Sister mentions to him that he owes at least 2 months board, he might want to reconsider breeding mare this year. Then owner dissapears, does not show at work, will not answer phone. His aunt who also works at the tracks suggests that he is probably in jail but wont give any more info. We typed up a certified letter to send but had nowhere to send it. Pretty sure they do not forward home mail to jail. Finnaly he gets out of jail and talks to my sister about mare. She tells him that he can either turn over ownership of mare or we will go to court for money owed. He agrees to turn over ownership rather than pay for the past 6 months board. (smart move as the mare is not worth much..not even worth what he owed in board. Horse was given to him in the first place) He wanted a bill of sale, which was fine. I'm sure he wanted it as proof that we had settled and would not take him to court. We got bill of sale written up and were supposed to get papers and he dissapears Again!! No info from aunt this time. She figures we did our deal and he has no obligation to us anymore. So...here we are stuck with this slightly unsound broodmare with no papers now who has cost us much more than she is worth. (board for a year) We are at a total loss for what to do now! We cant even Give this mare away!I dont think the owner would ever try to get her back, but I just feel funny about it. I hate to think of sending her to auction, knowing where she will probably end up. She is a sweet sweet mare. If we could get the papers there are people at the track who would take her to breed, apparently she has great bloodlines.

        Comment


        • #5
          How many threads can we have going about, a boarder not paying their board and the BO clueless on what to do with the horses?
          The ultimate goal of farming is not the growing of crops, but the cultivation and perfection of human beings.

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          • #6
            Oopsy on the duplicate threads.

            Anyhow, Riverview that's a scenario I've heard a few times.
            "Friend" me !

            http://www.facebook.com/isabeau.solace

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            • #7
              yikes. was in sort of a situation like that but with only one horse about three years ago....ended up giving previous owner $100 and forgiving past board. Horse is now one of our best beginner lesson horses. She will be with us forever.
              Teaching Horseback Riding Lessons: A Practical Training Manual for Instructors

              Stop Wasting Hay and Extend Consumption Time With Round Bale Hay Nets!!

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              • #8
                Originally posted by Riverview View Post
                We are almost in this boat right now. Had an intended broodmare come in for boarding. signed contract. First couple months paid...in payments which was not agreed on but hey, we were getting paid. then owner stops paying. Starts talking about breeding mare.( Owner worked at the track with my sister. Other than meeting us when we went to pick up the mare he has not seen the mare since.) Sister mentions to him that he owes at least 2 months board, he might want to reconsider breeding mare this year. Then owner dissapears, does not show at work, will not answer phone. His aunt who also works at the tracks suggests that he is probably in jail but wont give any more info. We typed up a certified letter to send but had nowhere to send it. Pretty sure they do not forward home mail to jail. Finnaly he gets out of jail and talks to my sister about mare. She tells him that he can either turn over ownership of mare or we will go to court for money owed. He agrees to turn over ownership rather than pay for the past 6 months board. (smart move as the mare is not worth much..not even worth what he owed in board. Horse was given to him in the first place) He wanted a bill of sale, which was fine. I'm sure he wanted it as proof that we had settled and would not take him to court. We got bill of sale written up and were supposed to get papers and he dissapears Again!! No info from aunt this time. She figures we did our deal and he has no obligation to us anymore. So...here we are stuck with this slightly unsound broodmare with no papers now who has cost us much more than she is worth. (board for a year) We are at a total loss for what to do now! We cant even Give this mare away!I dont think the owner would ever try to get her back, but I just feel funny about it. I hate to think of sending her to auction, knowing where she will probably end up. She is a sweet sweet mare. If we could get the papers there are people at the track who would take her to breed, apparently she has great bloodlines.
                Don't know if this would help, but if you somehow know her registered name and year of birth, you could find her pedigree, race record etc. on Brisnet. Like I said, don't know if that would help at all for potential buyers or adopters...
                I LOVE my Chickens!

                Comment


                • #9
                  I am pretty sure I would need her actual papers to give/sell her to someone at the track to breed. I have her registered name and tattoo. Might be fun just to look her up anyway! Wont help us find her a home though

                  Comment


                  • #10
                    No, you don't need papers to breed, just to sell. If you can get any legal documentation showing the mare's ownership has been passed to you, you'll be able to get her registration papers from the JC.

                    Comment


                    • #11
                      Just a quick note on "notice." If a law requires that you give notice prior to foreclosure on a lien the usual place of notice is the address of the owner on the contract or their last known address. "He might be in jail" does not constitute a "known" address.

                      So you send to that contract/last known address and let the postal service do its thing. If the letter comes back then add it to your file as evidence that you followed the statute. In most cases you need to prove statutory/legal notice. You don't need to prove actual notice.

                      Once you can establish that you followed your local law then you can legally take title to the horse to go with your physical possession. Then you can do what you want with the animal. Because this takes time the lien holder can't "sit on their hands." That just means more expense and a bigger loss.

                      G.
                      Mangalarga Marchador: Uma Raça, Uma Paixão

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