Originally Posted by nikelodeon79
A friend of mine actually re-possessed a horse for a boarder's non-payment in WI. She originally sold the horse to the girl, and in the contract if the girl didn't pay X number of months board (I can't remember how many, but I think it was something like six consecutive months), the ownership of the horse reverted back to the BO.
Not sure if it would've held up in court, but the horse owner didn't raise a fuss. She'd lost interest and didn't really care what happened to the mare.
I think that is a much better scenario than what some BO's do: stop feeding the horse if the owner doesn't pay. I bought an Arab that had this happen to him: the owner didn't pay board, the horse didn't get fed. He was in TERRIBLE condition.
Had the same issue at a barn I ran. In the contract it basically stated that after 4 months of non-payment (board) BO would take posession of the horse until/unless A) owner made AND followed a re-payment agreement or B) Owner signed officially signed over ownership of horse to BO. If no attempt by the horse owner was made to rectify the situation by 30 days, BO officially had ownership of the horse and the right to sell the horse to recover any costs occured in caring for the horse.
After 6 months of no payment, and the barn providing an ER vet call, the BO sold the horse for the $$ he was out (over $2,00). He still took a loss, as he only got $1,00 for the horse.
The original owner (the one who didn't pay) one day decided that she wanted her horse back, took the BO to court, and sued him for property theft. We thought it would be an open and shut case. Not so much!
Ownership rights were returned to the original owner, so the new owner was forced to return the horse (of course it was a little kid
), and the BO had to return the $$ he recieved for the purchase to the buyers, since in WI you can't use the horse as payment (I can't think of the official wording right now). But, thankfully the theft charges were dismissed.
In the end the BO's options were to file with small claims to get his $$, or drop the whole thing. Obviously, the non-payer was asked to leave, but the BO never pursuid it, way to big a headache.
So here's my little warning for BO's about contract's...make sure your terms are legit for the state you're in.
Sorry, didn't mean to hijack the thread