I dont know the answer to any of this other than to suggest contacting a major riding stable in your area. They probably have to deal with this more often that a private boarder would. I would venture to guess that they would have contact info for an attorney that specializes in Equine Law. I would try to call her first and sweet talk to her about buying the horse if you think she may go with it . You can always sue later for the board and care. If you dont have any luck with your local stables you may also want to try an Equine vet to get the info. They also have to deal with leins for services of horses, they should know of a lawyer too. Hope this helps. Maybe she will just sell you the horse and then you can sue to get the money back. At least then you know she'll be in good hands. Good luck with everything
2006-09-16 16:24:52
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answer #1
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answered by Anonymous
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"no one specializes". Any type of Lawer pretty much can respresent this type of case.
When I boarded my horses, we signed a contract stating if the horse boarding fee was not paid for 3 months straight, no contact from the owner and horse in poor health, the stable owner has a right to 1) lock the gate up on the horse 2) Send letter to the address on the contract that the horse is going to be up for sale to pay the due amount.
Prior to selling the horse, he would contact the local polce department to notify what he is doing and to have the "go ahead". If the owner contests it after the horse is sold, then at least know where the horse is at this point and go from there. However, all the times this happend during the 4 years I was there, NONE contested it. Actually, one girl came out 7 MONTHS after the horse was sold. Can you believe that?
By the way, the stable leaser who did this is a Sherrif himself. The stable owner is a retired California Highway Patrol. So, what they did was legal since they already knew the law status on it.
As far as you taking the horse, you also can do that as well. You need to make sure a contract was made. If not, this is alittle more tricky.
You do have the right to hold this horse until you are paid the amount. You also have the right to contact SPCA (animal control) to let them know this horse is not being cared for and health is decreasing due to the fact you can't take care of this horse unless this horse is handed over to you.
If all of a sudden the lock is broke and the horse is gone. You do have a right to sue and the owner to court. If she tries to take the horse, call the athorities and let them know this horse is being held until money is paid. Keep recored of what is all need to be paid, when and why.
Just remember, if in contract it states that the owner is full responsible for trimming, but you had the horse trimmed on your own free will, she isn't liable for that. However, it she said "trim my horse and add to bill", then yes. But remember, verbal agreements doesn't hold up in court. She can say she never said that so ALWAYS have it in writting.
You need to contact law enforcement and SPCA because if this horse is papered, you can't change ownership unless have signature. However, if you know the horse's registration or have copy of papers (which a lot of stables are doing now), contact them a well to clarify the steps to also take.
2006-09-17 03:28:26
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answer #2
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answered by Mutchkin 6
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I would call your county attorney for advice. Call the county attorney and ask a legal intern or attorney, not the secretary. If you can't get any information there, try going to your state website or just search for Utah's state laws. Do you have a written agreement with this boarder? You should! You can find them on-line at horse groups if you ask for one.
In Montana, where I live, you could end up with ownership, but you have to go to court and show receipts (canceled checks, etc).
Good luck. If nothing else works, send a certified letter that she has to take the horse away in however many days. If she won't get it out, that is a consideration, too, for court. If you're paying for the horse and caring for it, you may as well own it.
2006-09-17 02:02:55
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answer #3
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answered by Susan M 7
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In a situation like this you need to send a certified letter to the owner. Give very clear detail to the charges owed (include copies of bills from the farrier), and a time frame of 10 days from the receipt of the letter to pay or the horse will be forfeit. This has been a standard procedure for a long time. If you fear that she will move the horse, padlock the stall or gate when you are not right there.
An alternative would be to offer to buy the horse, and deduct the monies owed from the purchase price.
2006-09-16 22:27:06
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answer #4
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answered by Sharingan 6
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I would send a certified / registered letter to the owner saying that the outstanding amount of money owing for the provisions of upkeeping her horse has to be resolved within the next 2 weeks otherwise you will take legal action against her to retreive the money and or if she would like to contact you in regards to a possible outcome of you keeping the horse for payment.
Iwould still keep on looking for a lawyer as some one will help you and you at worst will either end up with payment or the horse.. best of luck
2006-09-17 01:51:10
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answer #5
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answered by Anonymous
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Here in Michigan, you have 3 months to pay on the horse or the horse is stalled and locked and then the boarder has the option to sell the horse for money owed. I would tally up the total for food, mucking and chores , also any wormers, vet checks, or hooves done. Come up with the total and add another 30 days to that. For example....$150.00 a month plus 2 wormers, plus hooves = $640.00 total or horse is yours. I would have a lawyer write this up and mail certified to the owner and lock the horse up. This is how things work here in my state. That horse is not your responsibility and either are the bills for it.
Goos luck
2006-09-16 22:35:51
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answer #6
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answered by bunnylatte 2
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Well you should have them sign a board agreement and I think there is some rule that if thry dont pay you for a certain amount of months you take ownership of the horse but I think that requires a trip to court
2006-09-17 01:03:37
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answer #7
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answered by Skittles 4
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Thats really fuc*ed up. In new york, you have 3 months to pay your debts. If not the ASPCA will come to the barn owner, and give the horse to them and you will be taken to court and charged with cruelty to animals and more legal issues. Try to contact to state legislature.
2006-09-17 16:39:50
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answer #8
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answered by pinkink : ] 2
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http://utopia.utexas.edu/explore/equine/lien/ut_lien.htm
You are allowed to keep the horse on your property until the board is paid.
That sight has the laws for Utah, and if you speak Lawyer, it should help, if not then get somone to help... It doesn't make any sense to me.
Good Luck!
2006-09-16 22:39:52
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answer #9
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answered by Anonymous
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well, what did you have her sign when she first came to your barn??
read it. you should have had something in there regarding unpaid board or uncared for animals.
if not, you are **** outta luck. you will need to call the aspca, ask them how to get rid of the horse since you have no legal rights, and they will help.
if you had something in your contract, just follow that. its pretty simple. the law is whatever you have in your contract.
2006-09-17 17:12:34
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answer #10
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answered by jazzmyn_girl 4
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