PA people I need your help

[SpecialEffects]

I'll try and make this as simple as possible. I sold a horse to a racing stable consisting of 3 partners. By contract, there is still a lien on the horse against any earnings (after the jockey is paid but before any other expenses) including the sale of the horse. The partners have had a falling out and can't agree on anything at this point. The horse needs medical treatments done to race, 2 out of 3 will not do it so they're looking at selling him.

They have sent him to a standardbred dealer (don't ask why... no idea ) to handle the selling of him. They were promised thousands more than the rehoming or sales options the third owner or I came up with.

But this is where my problem is - they are refusing to honour the lien.

I called the race track, they are handling the small amount of money due to me from his very short racing career. What legal document(s) can they be served with and is there anything I can do - other than a phone call - to advise the dealer that the horse is not free and clear to sell? What court or government office would handle this?

Also is there anything else that can be done against the race stable. other horses running or..... ? I've never dealt with anything like this, nevermind in another country, so I'm not sure what to do.

Thanks very much

[winds]

It sounds like you're only recourse is to talk to a lawyer. If the lein states just his winnings, your up a creek.

winds

[ratherrapid]

there are liens, and there are liens that are legally enforceable. which kind do you have?

[TrueColours]

By contract, there is still a lien on the horse against any earnings (after the jockey is paid but before any other expenses) including the sale of the horse.

The lien is against ANY earnings / revenue attached to this horse, including his ultimate sale

So - if the amount of the lien is $10,000 and he won $10,000 and that was paid to the original seller, then the lien has been satisfied. If he won $1000 and was then sold for $20,000, then the $1000 winnings and $9000.00 of the purchase price would need to be paid to the original seller to satisfy the outstanding lien and the partners would pocket and split the $10,000 remaining

[KBEquine]

Special Effects, I know it is frustrating, but you probably don't actually have a lien.

I say that because in the US, each state makes its own rules on what constitutes an enforceable lien & if you don't know the PA rules, you probably don't have a lien. (So, find a PA attorney who specializes in liens, if you want to double-check on that).

Also - the PA Racing Commission assumes when a horse is entered that the owner has clear title, unless a detailed bill of sale form (on their approved form) is available. The rule is in the PA Administrative Code, 58 PA Admin. Code. section 163.105, entitled "Transfers."

If it were my horse, I'd see if anyone at the PA racing commission could help & I'd probably find an attorney with experience with the racing commission. But I'd also talk to my own attorney, in case you're recourse isn't via lien, but for breach of contract.

Oh. And I'd call the standardbred seller. Couldn't hurt.

Wishing you the best of luck.

[Hold Your Peace]

And honestly it sounds like he's not worth much at this point, so you might be spending a lot of time and effort for very little return even if you were successful.

[RandomThoughts]

Special: Enforcing a contract from Canada to the US will be complicated. Unfortunately, there seem to be many unreliable people in the horse world and since I got back in the horse business I've been forced to engage a lawyer twice in the last two years. If you would like a referral of a lawyer who is familiar with equine law and will pursue your case diligently for a resonable price, I'd be happy to give you a referral.
Good luck.

[SpecialEffects]

First of all, thanks everyone for your comments and advice. It is appreciated. I did go into this deal with my eyes wide open knowing that the possibility was there that they wouldn't make good on this agreement and to take it as a bonus if they did. Yeah money is always nice but I just want this colt in a good place. He's a sweetheart and it's a big, bad world out there. I can try....

KBEquine... I am definitely going to try and contact the dealer/seller. I've got a few people that know his name but don't have an exact location (just an area) or a phone number. His name is common so that Google hasn't been able to help.

Random Thoughts... thank you. I'm going down there this week to see what I can work out but if I fail, I'll be in touch.

Thanks again everyone.

[ageecee]

What is the horses name?

is the horse worth buying back?

[KBEquine]

SpecialEffects, you have a PM.

[SpecialEffects]

SpecialEffects, you have a PM.

You do too. Thanks