barn owner holding my horses hostage - Page 12
   

       The Horse Forum > Barns, Boarding, and Farms > Horse Boarding

barn owner holding my horses hostage

This is a discussion on barn owner holding my horses hostage within the Horse Boarding forums, part of the Barns, Boarding, and Farms category
  • Pasturer’s liens on the mare
  • Arguement with barn owner

Like Tree850Likes

 
LinkBack Thread Tools
    06-20-2012, 11:38 AM
  #111
Weanling
Yes, I also don't understand why anyone would say its a civil matter. The property legally belongs to you. Nothing to do with the BO. And on top of all that, you did pay him.
When he withheld your property from you, I would consider that theft as well.Posted via Mobile Device
     
Sponsored Links
Advertisement
 
    06-20-2012, 11:39 AM
  #112
Weanling
70.003. Stable Keeper's, Garageman's, Pasturer's and Cotton Ginner's Liens (a) A stable keeper with whom an animal is left for care has a lien on the animal for the amount of the charges for the care.

(b) An owner or lessee of a pasture with whom an animal is left for grazing has a lien on the animal for the amount of charges for the grazing.

(c) A garageman with whom a motor vehicle, motorboat, vessel, or outboard motor is left for care has a lien on the motor vehicle, motorboat, vessel, or outboard motor for the amount of the charges for the care, including reasonable charges for towing the motor vehicle, motorboat, vessel, or outboard motor to the garageman's place of business.

(d)(1) A cotton ginner to whom a cotton crop has been delivered for processing or who, under an agreement, is to be paid for harvesting a cotton crop has a lien on the cotton processed or harvested for the amount of the charges for the processing or harvesting. The lienholder is entitled to retain possession of the cotton until the amount of the charge due under an agreement is paid or, if an amount is not specified by agreement, the reasonable and usual compensation is paid. If the cotton owner's address is known and the amount of the charge is not paid before the 31st day after the date the cotton ginner's work is completed or the date payment is due under a written agreement, whichever is later, the lienholder shall request the owner to pay the unpaid charge due and shall notify the owner and any other person having a lien on the cotton which is properly recorded under applicable law with the secretary of state of the fact that unless payment is made not later than the 15th day after the date the notice is received, the lienholder is entitled to sell the cotton under any procedure authorized by Section 9.610, Business & Commerce Code. If the cotton owner's address is not known and the amount of the charge is not paid before the 61st day after the date the cotton ginner's work is completed or the date payment is due under a written agreement, whichever is later, the lienholder is entitled to sell the cotton without notice at a commercially reasonable sale. The proceeds of a sale under this subsection shall be applied first to charges due under this subsection, and any remainder shall be paid in appropriate proportion to:
(A) any other person having a lien on the cotton which is properly recorded under applicable law with the secretary of state; and
(B) the cotton owner.
(2) Nothing in this subsection shall be construed to place an affirmative burden on the cotton ginner to perform any lien searches except as may be appropriate to provide notices required by this section.


§ 70.005. Sale of Property
(a) Except as provided by Subsection (c), a person holding a lien under this subchapter on property other than a motor vehicle subject to Chapter 501, Transportation Code, or cotton under Section 70.003(d), who retains possession of the property for 60 days after the day that the charges accrue shall request the owner to pay the unpaid charges due if the owner's residence is in this state and known. If the charges are not paid before the 11th day after the day of the request, the lienholder may, after 20 days' notice, sell the property at a public sale, or if the lien is on a garment, at a public or private sale.
(b) Except as provided by Subsection (c), if the residence of the owner of property subject to sale under this section is not in this state or not known, the lienholder may sell the property without notice at a public sale after the 60th day after the day that the unpaid charges accrued.
(c) A person holding a lien under Section 70.003(a) on an animal fed in confinement for slaughter may enforce that lien in any manner authorized by Sections 9.610-9.619, Business & Commerce Code.
(d) The lienholder shall apply the proceeds of a sale under this section to the charges. If the lien is on a garment, the lienholder shall apply the proceeds to the charges and the reasonable costs of holding the sale. The lienholder shall pay excess proceeds to the person entitled to them.


§ 70.007. Unclaimed Excess
(a) If a person entitled to excess proceeds under this subchapter is not known or has moved from this state or the county in which the lien accrued, the person holding the excess shall pay it to the county treasurer of the county in which the lien accrued. The treasurer shall issue the person a receipt for the payment.
(b) If the person entitled to the excess does not claim it before two years after the day it is paid to the treasurer, the excess becomes a part of the county's general fund.
     
    06-20-2012, 11:40 AM
  #113
Showing
Because muumi, PROPERTY falls under civil court. Horses are property, ergo the argument of to whom they belong is a civil matter.
     
    06-20-2012, 11:41 AM
  #114
Weanling
The OP has proof that the horses belong to her.
Posted via Mobile Device
     
    06-20-2012, 11:42 AM
  #115
Weanling
Now I don't know about your state but here a barn owner cannot just take possesion of a horse without a written certified demand of money owed.
He said he sent a certified letter that I didn't receive, but the cop read the copy he had at the property. I never received the letter bc after waiting at the post office this morning for an hour I found out his wife, who mailed the letter wrote the numbers of my address and their street address on the envelope, so I never would have received it. I now have the letter in my hand that clearly states the money owed per day is for my mare and my stud colt!!!

They have to have proof you owe any money including a boarding contract.

He didn't have to have proof last night, the cop said so, even though the initial cop I talked to said unless he could provide a contract with my signature on it he couldn't hold my property.

if your telling us the facts and what you said has happen You just may have a good law suit for theft of horse which in TX I know is pretty serious.

I have my mare in my possession and all I can do is take the letter to the police station today and hope they will go with me to retrieve my colt I paid his ransom for last night.

You have a sales receipt what does he have? NOTHING

Take him to court sue his dumb ass and also for court costs.
At this point I just want my colt safe with me. I will chalk it up to a lesson learned after that, but I am just praying the police station sees that I paid for him last night and have the right to retrieve him today.
TimberRidgeRanch likes this.
     
    06-20-2012, 11:43 AM
  #116
Showing
Quote:
Originally Posted by muumi    
The OP has proof that the horses belong to her.
Posted via Mobile Device
So? How does that apply to the police officer? He's not there to make sure she gets her property, he's there to keep the peace. Period.
     
    06-20-2012, 11:44 AM
  #117
Weanling
Quote:
Originally Posted by Speed Racer    
Because muumi, PROPERTY falls under civil court. Horses are property, ergo the argument of to whom they belong is a civil matter.
The arguement last night was him saying (in front of the cop) as long as I paid the money he stated I owed him he would release my property. That no longer makes it a civil matter when a cop is standing there doing a civil standby for an agreed upon transaction. The arguement was never who they belong to the arguement has always been he wants money that he never told me about.
Ray MacDonald likes this.
     
    06-20-2012, 11:45 AM
  #118
Weanling
Quote:
Originally Posted by Speed Racer    
So? How does that apply to the police officer? He's not there to make sure she gets her property, he's there to keep the peace. Period.
The cop agreed that if I paid him the money he would make sure he released my property, but that did not happen. So back to the police station I go
     
    06-20-2012, 11:47 AM
  #119
Weanling

Contact this person for your rights

For Copies of Texas Stock Laws:

Alison Rowe Equine Legal Services, PC
P.O. Box 151887
Fort Worth, Texas 71608
Telephone: (817) 246-4830
Email

For General Legal Matters:

Alison M. Rowe
Kelly Hart & Hallman LLP
201 Main Street, Suite 2500
Fort Worth, TX 76102
Telephone: (817) 878-3541
Facsimile: (817) 878-9741
www.kellyhart.com
bird3220 likes this.
     
    06-20-2012, 11:47 AM
  #120
Green Broke
This is a real mess! I hope w/the letter in hand, & proof that you paid last night-you did get a receipt, right?, that you will be able to get your colt. I would definetely talk to a police supervisor beforehand & make sure that someone that really understnds the situation is on hand. Once you have your horses safely out-then see about getting some or all the money back through the courts. But even if you get a judgement against this BO, you may not ever get the money-just what I've seen in my experiences.
     

Thread Tools

Similar Threads
Thread Thread Starter Forum Replies Last Post
Barn Owner's horse becomes aggressive towards my horses when around humans woman_in_shoe Horse Talk 14 10-26-2011 06:18 PM
17y.o barn owner morganshow11 Horse Boarding 57 07-24-2009 07:42 PM



All times are GMT -4. The time now is 08:51 PM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.6.0