Anyone ever use the Stablemans Lien? - The Horse Forum
 1Likes
  • 1 Post By Oxer
 
LinkBack Thread Tools
post #1 of 7 Old 05-21-2012, 04:49 PM Thread Starter
Weanling
 
Join Date: Jun 2011
Posts: 706
• Horses: 17
Anyone ever use the Stablemans Lien?

Wondering how this works as I've never had to do one. Can you publically sell off all property left on your property? I did see you need to send out a certified letter giving them 10 days to pay balance? looking for someone with experience
GhostwindAppaloosa is offline  
Sponsored Links
Advertisement
 
post #2 of 7 Old 05-21-2012, 05:19 PM
Trained
 
Join Date: Apr 2008
Location: Orange County, NC
Posts: 6,207
• Horses: 5
Lien laws vary by state. Suggest you talk to your county's clerk of courts for the process in your area.
Posted via Mobile Device
PaintHorseMares is offline  
post #3 of 7 Old 05-21-2012, 06:11 PM Thread Starter
Weanling
 
Join Date: Jun 2011
Posts: 706
• Horses: 17
Quote:
Originally Posted by PaintHorseMares View Post
Lien laws vary by state. Suggest you talk to your county's clerk of courts for the process in your area.
Posted via Mobile Device
thank you
GhostwindAppaloosa is offline  
post #4 of 7 Old 05-22-2012, 01:04 AM
Yearling
 
Join Date: Jul 2010
Location: Southern California
Posts: 1,400
• Horses: 1
had this happen to a lady at my barn. Our barn is actually owned by a "corporation" so they do things VERY by the book. She left her Beval saddle and other lovely things in a tack locker, and then left for Europe. She didn't pay for her tack locker while away. They sent her notices, then busted the lock and sold the contents. She tried to sue... but the judge threw it out! Kind of a shame, but lesson learned i'm sure. hahaha!
GhostwindAppaloosa likes this.

Life seems mighty precious, when there's less of it to waste.
Oxer is offline  
post #5 of 7 Old 05-23-2012, 06:08 PM
Foal
 
Join Date: Jul 2009
Location: Oklahoma City, Oklahoma
Posts: 63
• Horses: 0
Service Lien

Painthorse is correct, varies by state. Look-up "Service Lien," and also "rent houses" if you can not find a "equestrian law." Laws will usually be the same procedures. A service lien is automatic when they board. (like your car mechanic, that's how they can "hold your keys" until paid.)

To be "safe" send a letter. Sale usually has to be public. Like a local livestock auction, or post 3 flyer's. Any $ above what they "owe you" must be refunded to the boarder. Below, you can then take them to small claims for the balance. Tack & trailers are also included.

I don't think a court clerk will give you any info, "legal advice." ... You might have better luck with your sheriff department that handles animal rescues for the county animal control.. They also "sell off" and then sue for the difference in costs. They would tell you what procedures they have to follow.

Good luck! It is a pain!

Bridlewood Equestrian Oklahoma
Boarding, Equestrian Education, Event Facility
proequine is offline  
post #6 of 7 Old 05-25-2012, 11:08 AM
Showing
 
Join Date: Jan 2011
Location: Ontario
Posts: 17,193
• Horses: 0
In Ontario it is the Innkeeper's Act. There is an automatic lien the moment payment is overdue. A notice of debt for horse commonly known as X, owned by XX and the amount to be paid by X date or that horse/tack will be sold at public auction. This usually gets a response. The horse must be sold at auction to prevent inside deals. Once the BO has collected the amount owing, he/she is also able to claim reasonable expenses such as the ad, trailering, etc. The owner is entitled to the remainder.
Saddlebag is offline  
post #7 of 7 Old 05-25-2012, 01:32 PM Thread Starter
Weanling
 
Join Date: Jun 2011
Posts: 706
• Horses: 17
1311.48 LIEN FOR CARE OF ANIMALS
As used in sections 1311.48 and 1311.49 of the Revised Code "animal" means any animal other than man and includes fowl, birds, fish, and reptiles, and "owner" means and includes the person who holds legal title to an animal, or any other person, having lawful custody of an animal, who contracts for food, board, or professional services for such animal.
Any person who feeds or boards an animal under contract with the owner shall have a lien on such animal to secure payment for food and board furnished.

1311.49 SALE OF ANIMAL TO SATISFY CLAIM
If the owner of an animal, upon written demand by the lienholder, fails to satisfy a lien acquired under section 1311.48 of the Revised Code the lienholder may sell the animal at public sale to satisfy such lien, provided that before the animal is offered for sale the lienholder shall give ten days' notice of the time and place of sale in a newspaper of general circulation in the county where food or board was furnished. The lienholder, on the day following publication, shall mail a copy of the public notice to the owner by registered mail at the last known address of such owner. If the animal is sold for a price which exceeds the amount of the lien, plus costs incurred by the lienholder, the remaining balance shall be paid by the lienholder to the owner or to such other person as may be legally entitled to receive same. If the lienholder sells or otherwise disposes of any animal without first giving the notice required by this section he shall not pursue any deficiency upon such obligation.

I'll start by sending a certified letter stating that i have a lien on all property here. and state i'll send them a copy of the public sale placed in the local paper. Thank you all
GhostwindAppaloosa is offline  
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the The Horse Forum forums, you must first register.

Already have a Horse Forum account?
Members are allowed only one account per person at the Horse Forum, so if you've made an account here in the past you'll need to continue using that account. Please do not create a new account or you may lose access to the Horse Forum. If you need help recovering your existing account, please Contact Us. We'll be glad to help!

New to the Horse Forum?
Please choose a username you will be satisfied with using for the duration of your membership at the Horse Forum. We do not change members' usernames upon request because that would make it difficult for everyone to keep track of who is who on the forum. For that reason, please do not incorporate your horse's name into your username so that you are not stuck with a username related to a horse you may no longer have some day, or use any other username you may no longer identify with or care for in the future.



User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in









Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.


Old Thread Warning
This thread is more than 90 days old. When a thread is this old, it is often better to start a new thread rather than post to it. However, If you feel you have something of value to add to this particular thread, you can do so by checking the box below before submitting your post.

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page



Similar Threads
Thread Thread Starter Forum Replies Last Post
Lien process? Shawneen Horse Law 7 05-25-2009 08:48 PM

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome