BO wants my horse !! - Page 2 - The Horse Forum

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post #11 of 31 Old 02-09-2010, 06:08 PM
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I will tell you this, however -

The BO would much rather have you pay your bill in full than end up owning your horse and then try to sell it to recover her money. So the suggestions to talk to her, and work out a reasonable plan to get caught up are excellent ones. In the US, the law that allows a BO to do this is called a "mechanic's lein" and it's enforcable whether it's spelled out in a contract or not. You might want to check out the law where you live.

And I'm sorry this thread hasn't been full of much sympathy or encouragement; but the final advice I'll give is that if you don't have a realistic plan for getting caught up, put the horse up for sale yourself. That's a hard thing to do, I know, but you'll be better off financially if you sell the horse yourself and pay off the BO. Just have a talk with the BO before you advertise the horse and let her know you'll pay her out of the proceeds.
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post #12 of 31 Old 02-09-2010, 06:34 PM
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Maura has made some excellent points.
Unfortunately, this is not a new situation faced by boarders or BO's - especially in this economy (in fact, this is how we came to have our Aero). The BO would much rather have the past due fees paid than be in the position of trying to sell your horse and re-coup their costs that way.
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post #13 of 31 Old 02-10-2010, 02:50 AM
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sorry, I'm from aus and have my own property so have never come across this. But i'm very curious.... why do they take the horse? Why not something more to the value of the bill like a saddle or something?

Like eg. Your horse is worth $5K and th BO sells it for that? Do they get all of the money or do you get whats left after the bill has been paid?

Just seems strange to me

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post #14 of 31 Old 02-10-2010, 10:30 AM
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Quote:
Originally Posted by XivoShowjumper View Post
sorry, I'm from aus and have my own property so have never come across this. But i'm very curious.... why do they take the horse? Why not something more to the value of the bill like a saddle or something?

Like eg. Your horse is worth $5K and th BO sells it for that? Do they get all of the money or do you get whats left after the bill has been paid?

Just seems strange to me
Because, they have possession of the horse - and the horse is what is causing the bill to accumulate. Once they have taken possession of the horse, they are entitled to any and all proceeds of the sale.
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post #15 of 31 Old 02-10-2010, 11:02 AM
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This sort of situation is exactly how I came to own my National Show Horse. His owner just stopped paying board and the BO went to court and took him as payment. I then bought him from them.

Eventually they can go to court and get possession of the horse. Like someone else said, you are taking up space from someone who would pay them to keep their horses.

I don't know your situation but if you can't afford the board, you probably couldnt afford a vet if it was needed, and that just isnt a good thing.

Have you considered leasing him out? Have them pay half the board or whatever?
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post #16 of 31 Old 02-10-2010, 11:10 AM
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Quote:
Originally Posted by themacpack View Post
Because, they have possession of the horse - and the horse is what is causing the bill to accumulate. Once they have taken possession of the horse, they are entitled to any and all proceeds of the sale.
Meant to add - usually, especially in this market, the BO takes a loss rather than gaining any profit when the sale price is compared the bill that has accumulated.
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post #17 of 31 Old 02-10-2010, 12:13 PM
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Wow!!! I've never boarded a horse so had NO idea anything like this went one. Learn something new everyday I guess!
Good luck getting things worked out!!
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post #18 of 31 Old 02-10-2010, 12:27 PM
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It's called an Agister's Lien, and every stable owner is allowed to take a horse for non-payment of board.

To answer the poster who asked why the BO can't take a saddle or other property, because that would be stealing. The saddle didn't take up room in the stall or eat hay, the horse did. So the lien goes on the horse, not anything else.

If an animal is seized for back board, the BO is within their rights to keep all funds from the sale. However, the sale legally has to be made public; the horse can't be sold privately to another party.

Whether or not they follow this rule is up to them, but if someone wanted to cause a stink because of it, the seller could get into legal trouble.
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post #19 of 31 Old 02-10-2010, 12:52 PM
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If you don't make your car payment they come and take that also.
Not sure why you are so suprised by this.
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post #20 of 31 Old 02-10-2010, 12:59 PM
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To those that may be confused by the BO being able to keep the entire proceeds - the best explanation I can offer is that the person who owes the boarding fees is essentially trading the horse for the amount owed. From that point, the debt between BO and previous owner is forgiven -- it is then up to the BO to proceed with the sale of the horse to attempt to recoup the actual debt. If they are able to sell the horse for more, they gain the profit. The difference is not owed to the original owner because they are not part of the sale - they traded the horse to the BO to eliminate their debt.
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