Anyone ever use the Stablemans Lien?
   

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Anyone ever use the Stablemans Lien?

This is a discussion on Anyone ever use the Stablemans Lien? within the Horse Boarding forums, part of the Barns, Boarding, and Farms category
  • Stablemans lien form
  • Ontario stableman's lien

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    05-21-2012, 03:49 PM
  #1
Weanling
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
     
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    05-21-2012, 04:19 PM
  #2
Green Broke
Lien laws vary by state. Suggest you talk to your county's clerk of courts for the process in your area.
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    05-21-2012, 05:11 PM
  #3
Weanling
Quote:
Originally Posted by PaintHorseMares    
Lien laws vary by state. Suggest you talk to your county's clerk of courts for the process in your area.
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thank you
     
    05-22-2012, 12:04 AM
  #4
Yearling
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!
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    05-23-2012, 05:08 PM
  #5
Foal
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!
     
    05-25-2012, 10:08 AM
  #6
Showing
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.
     
    05-25-2012, 12:32 PM
  #7
Weanling
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
     

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