Horse boarding contract breech - Page 2
 
 

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Horse boarding contract breech

This is a discussion on Horse boarding contract breech within the Horse Law forums, part of the Horse Resources category
  • Georgia livestock boarding laws
  • Horse boarding laws in ga

 
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    10-30-2009, 12:11 AM
  #11
Green Broke
Legally, you have no standing in this matter. The only person with any place to pursue anything is the BO. Since he/she is willing to let it go, you will have to as well. The only option you have is to seek the horse via AC at this point.
     
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    10-30-2009, 01:13 PM
  #12
Showing
I think for those of you who don't agree with me, you need to look up your state statutes.

What I'm talking about is known as an Agister's Lien, and how it applies to horses.

Under the Agister Lien laws, if a horse is seized for back board the animal HAS to be sold at a public sale, which generally means an auction.

If the animal is sold privately, it's not a legal sale. Whether or not you want to believe that is immaterial. It's how Agister's Liens work.
     
    10-30-2009, 01:29 PM
  #13
mls
Trained
Quote:
Originally Posted by Speed Racer    
I think for those of you who don't agree with me, you need to look up your state statutes.

What I'm talking about is known as an Agister's Lien, and how it applies to horses.

Under the Agister Lien laws, if a horse is seized for back board the animal HAS to be sold at a public sale, which generally means an auction.

If the animal is sold privately, it's not a legal sale. Whether or not you want to believe that is immaterial. It's how Agister's Liens work.

Correct. In Minnesota - it's called a sheriffs auction. Notice has to be published in the paper X number of times prior to the "auction" date. Auctions can take place at the court house or place of business.
     
    11-02-2009, 10:47 AM
  #14
Foal
Quote:
Originally Posted by Speed Racer    
I think for those of you who don't agree with me, you need to look up your state statutes.

What I'm talking about is known as an Agister's Lien, and how it applies to horses.

Under the Agister Lien laws, if a horse is seized for back board the animal HAS to be sold at a public sale, which generally means an auction.

If the animal is sold privately, it's not a legal sale. Whether or not you want to believe that is immaterial. It's how Agister's Liens work.
You are correct in that people need to look up their state's statutes. Every state is different. For example, Georgia's is below. Notice how it says 'the term "dispose of" means selling the animal or pet at public or private sale, giving the animal or pet away, or turning the animal or pet over to any humane society or animal shelter or other such facility'...

44-14-491. Notice to owner; sale or disposal of animal; liability


(a)(1) If the charges due for any services enumerated in Code Section 44-14-490 are not paid within ten days after the demand therefor on the owner of the animal or pet or if the animal or pet is not picked up within ten days after the demand therefor on the owner of the animal or pet, which demand shall be made in person or by registered or certified mail or statutory overnight delivery with return receipt requested and addressed to the owner at the address given when the animal or pet was delivered, the animal or pet shall be deemed to be abandoned and the licensed veterinarian or operator of a facility is authorized to dispose of the animal or pet in such manner as such veterinarian or operator shall determine. Such ten-day period will begin to run on the date the demand is postmarked or the date the verbal command is communicated in person and shall be noted on the veterinarian's or operator's file on the animal or pet. For purposes of this subsection, the term "dispose of" means selling the animal or pet at public or private sale, giving the animal or pet away, or turning the animal or pet over to any humane society or animal shelter or other such facility. Where no such shelter facility exists within a 50 mile radius of the veterinarian or operator of a facility's place of business and the veterinarian or operator has been unable to sell or give the animal away, then the veterinarian or operator is authorized to euthanize the animal in a humane manner.

(2) On the day of the disposal of the animal or pet, the veterinarian or operator of a facility shall notify the owner in person, by telephone, or by registered or certified mail or statutory overnight delivery with return receipt requested at the address given when the animal or pet was delivered, of the date of the disposal and the manner in which the animal was disposed.

(3) The disposal of an animal or pet as provided in this Code section shall not relieve the owner or owner's agent of any financial obligations incurred for treatment, boarding, or care by a veterinarian or operator of a facility for boarding animals or pets.

(b) The giving of notice to the owner as provided for in subsection (a) of this Code section shall relieve the licensed veterinarian, the operator of a facility for boarding animals or pets, or any custodian who disposes of such animal or pet of any further liability for such disposal.

(c) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail or statutory overnight delivery provided for in paragraph (1) of subsection (a) of this Code section shall not render the licensed veterinarian or operator of a facility liable to the owner of such animal or pet for the disposal thereof in any manner provided in this Code section.
     

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