BO wants my horse !! - Page 3 - The Horse Forum
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post #21 of 31 Old 02-10-2010, 02:11 PM
Weanling
 
Join Date: Sep 2009
Location: NW WA
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Quote:
Originally Posted by themacpack View Post
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.
You also have to keep in mind the legal fees that may be associated with this process, and the time it may take sell the horse will cost the BO. I know my instructor has been in this situation twice, and hates being there. I know that she sent two different letters to the owner (on each occassion) as certified letters, requiring a signature (which costs) as well as giving the owner X amount of days to pay up or lose the horse, which adds more to the debt that the owner owed her. I know that my instructor allows people to work off their fees if finances get tough.

Original Poster, have you looked into working off your debt? It might require several hours a week, but it might be your best option at thistime.


Joni
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post #22 of 31 Old 02-10-2010, 02:39 PM
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Join Date: Oct 2009
Location: Ontario, Canada
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It seams that at my barn this happens alot. Don't know why though. Two summers ago a lady boarded 6 of her horses at the barn, with two of them a mare and newborn colt. She also leased one of the lesson horses as she had 3 yearlings, 1 pony and the mare and colt. She payed lease for one month but then stopped leasing. She didn't pay board for 4 months for any of the horses, and had no contact with the BO's either. The BO's ended up having to take the horses to three different auctions, 5 of the sold and they kept 1 to use as a broodmare and lesson horse.
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post #23 of 31 Old 02-10-2010, 03:17 PM
Yearling
 
Join Date: Nov 2008
Location: North Texas
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Coming from a personal stand point and not a barn owners.. It bugs me when people have horses they can not afford. If you truely love your horse let it go to a home than can afford to take good care of him.

It just really bugs me that people get stuff repo'd and whine about it while they stuff their faces with cheeseburgers and drive a brand new car (not saying this is you... just my experience with people in general) I'm sorry if I could not afford my horses or my family I would 1st sell the horses..sell anything I don't absolutely need.. get a job or TWO. I personally think myself above flipping burgers for cash but if thats what it takes. There IS money to be made out there but you can't get to it sitting on your bum.

Ok off my soap box... If you REALLY want to get your horse back you need to see if there is a pasture board option to switch to until you can get back on your feet. Your horse have shoes? pull em. save the cash. Get a second job or start working off your board. A lot of barn owners don't like to exchange board for labor but offer to work it off WITH INTEREST. Sell your tack, you can always ride your horse bareback with a halter and when you get back on your feet. Can your horse be used for lessons? If your barn owner doesn't give lessons see if another coach in your area could use him and get them to pay his way out of jail and then pay for his hay, feed and upkeep.

~ Starline Stables ~
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post #24 of 31 Old 02-11-2010, 06:20 AM
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Join Date: Oct 2009
Location: G-town, 2580 NSW
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wow, you learn something new everyday!

I'm not sure that is how it is run here in Aus..... i would have to ask.... but from what i hear around those that do agist on others properties is that if they cant afford it they habe to take their horses off, and youd be surprised how many people resort to tethering horses in their front yard ( HOW AWFUL RIGHT?) until they can find somewhere else or just resort to keeping them there forever.....

well i'm glad i havent run into this situation too often....

and i hope my fellow forumers don't either, good luck and please think over some of the suggestions made by the others

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post #25 of 31 Old 02-12-2010, 09:54 AM
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Join Date: Aug 2009
Location: Dixie
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Quote:
Originally Posted by Speed Racer View Post
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.
SR's right. There is a legal process that has to be followed. Most don't want to pay the filing fee's and go thru all that hassle for 2 months worth of board.

I would make an effort to take care of this situation asap before it does come to this

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post #26 of 31 Old 02-12-2010, 11:34 AM
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Join Date: Dec 2009
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Quote:
Originally Posted by AlabamaHorseMom View Post
Have you considered leasing him out? Have them pay half the board or whatever?

This is a really good idea.
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post #27 of 31 Old 02-12-2010, 11:59 PM Thread Starter
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Join Date: Jul 2008
Location: NW Ontario, Canada
Posts: 573
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UPDATE:
Thanks for everyones ideas and advice on my question. Really helpful in understanding in everything.
We have it set up as payments with RECIPTS and now a SIGNED contract (thou the contract doesn't state anything in a matter if this was to happen again). Murray is for sale/lease at the barn and I'm selling some of his tack on ebay. I'm also making polo wraps (millions of them) and selling them as well. My mom calls it my "save murray fund". LOL.
Overall, he's still mine and we have it sorted out now,which I'm glad for. Thanks guys!

Grooming - The fine art of brushing the dirt from one's horse and applying it to your own body.
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post #28 of 31 Old 02-13-2010, 12:25 AM
Green Broke
 
Join Date: May 2008
Location: Oregon
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You really need to get that spelled out clear with your BO. What happens if you fall behind on your payment agreements. Can/will she take the horse.
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post #29 of 31 Old 02-13-2010, 02:45 AM
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Join Date: Sep 2008
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I love how everyone is commenting like the laws are the same all around the world. Nobody except the OP can possibly know what the barn owner can or cannot do in that specific situation because we don't know where she and/or the horse is/are located. Laws vary by country, state, and city.

Where I live, a boarder must be 3 months behind on board before the stable can take the horse. After 3 months, the barn has the right to sell the horse to recoup the money, but they have to Sell it at a public auction. No private dealings are allowed. And they are only allowed to keep the past due board. If the past due board was $500 and the horse sells for $900, the barn now owes the owner $400. I believe they also have to give written notification to the owner of the horse that they will be selling the horse, but I'm not sure about that.

OP, look up the city ordinance in your area and see what the laws and regulations are. And pay your **** board.
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post #30 of 31 Old 02-13-2010, 01:45 PM Thread Starter
Weanling
 
Join Date: Jul 2008
Location: NW Ontario, Canada
Posts: 573
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Quote:
Originally Posted by wordstoasong View Post
UPDATE:
Thanks for everyones ideas and advice on my question. Really helpful in understanding in everything.
We have it set up as payments with RECIPTS and now a SIGNED contract (thou the contract doesn't state anything in a matter if this was to happen again). Murray is for sale/lease at the barn and I'm selling some of his tack on ebay. I'm also making polo wraps (millions of them) and selling them as well. My mom calls it my "save murray fund". LOL.
Overall, he's still mine and we have it sorted out now,which I'm glad for. Thanks guys!
It has been sorted out. I have written and signed papers on the deal. I have also looked into my area regarding such a issue and understand what can be done. Currently, this is what we set up.

Grooming - The fine art of brushing the dirt from one's horse and applying it to your own body.

Last edited by wordstoasong; 02-13-2010 at 01:53 PM. Reason: rewording.
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