Horsemans lein
Moderators: Roguelet, hpkingjr, WaveMaster
Horsemans lein
Does anyone have a copy of this? How long after non-payment do you need to hold the horses before auction?
Liens of any kind are generally created by statute [as in, look at your state's laws on liens] or, could be created by contractual agreement between the parties.
There isn't a single form that's a silver bullet in every jurisdiction or situation.
You probably need to consult either your state's laws or a lawyer licensed in your state [or both] to get the right language for you.
There isn't a single form that's a silver bullet in every jurisdiction or situation.
You probably need to consult either your state's laws or a lawyer licensed in your state [or both] to get the right language for you.
- TBLADY
- Starters Handicap
- Posts: 739
- Joined: Thu Sep 16, 2004 1:35 pm
- Location: NE Ohio and surrounding states
- Contact:
I have had success in the past with small claims court...and higher. You provided a service...and the owner was to compensate you for that service...cut and dry case. Chances are they are just going to keep dranggin their feet til you force their hand legally! Good luck.
I dont bother with a lien...thats just another way of saying "you are still waiting on your money!"
I dont bother with a lien...thats just another way of saying "you are still waiting on your money!"
Fins to the Left....
I'm glad to know I'm not the only one! Actually, I'm not GLAD, exactly... it sucks to be in that situation. We have a horse who has been here for almost a full year now, without one cent paid. The owner now owes us more than what the horse is likely going to bring at a sale anyway. I really don't want to sell this horse either. The owner is nice enough and always has some excuse... but this is NOT an easy horse to keep, and there comes a time when you have to do SOMETHING.... sigh...
**************************************
"Don't be a boorish buffoon" -Hokies Respect 'Jerk Alert'
"Don't be a boorish buffoon" -Hokies Respect 'Jerk Alert'
I had one deadbeat a couple of years ago, a chick that sent a mare down here for boarding/take to lex to breed. She stiffed me for the final bill. I just pulled it all out the other day. I will file a lien in KY against her mare or offspring. I should have done it earlier because she sold a yearling in Sept and I could have filed and got my money out of her sales proceeds.
So Run for the Roses, as fast as you can.....
Agister's Liens
Most of the time there is a distinct statutory scheme necessary to proceed. For example, Madelyn needed to file her lien within six months of providing the service and then proceed with the lawsuit within 12 months. If the lawsuit is won then the sheriff sells the horse at the court house if Madelyn still has possession. Here she is basically looking at a civil suit (the small claims advice was good if less than$1,500.00)
There is a neat web site that may answer a question about a particular state. Be aware laws change. Always consult with your attorney to update this information.
http://www.northamericanequine.com/stat ... liens.html
There is a neat web site that may answer a question about a particular state. Be aware laws change. Always consult with your attorney to update this information.
http://www.northamericanequine.com/stat ... liens.html
-
valerie
- Maiden Special Weight
- Posts: 106
- Joined: Tue Nov 09, 2004 6:06 pm
- Location: Indiana/Kansas
- Contact:
I had this happen at least twice to me. I sent them a registered letter (and a copy to my attorney), gave them 30 days to pay in full by certified check or cash or the horses would be sold at auction and they would be responsible for any remaining balance. Actually only had to sell one and had to get a judgment for remainder of bill. Am going through this for my 3rd time now and lady has till Friday the 30th to pay or her 3 are going to a local sale barn for what ever they bring. I have to offer them at public auction and they never bring what the board is.
