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-   -   Lien process? (http://www.horseforum.com/horse-law/lien-process-28226/)

Shawneen 05-22-2009 01:14 PM

Lien process?
 
Hey guys I want to know what the exact process of putting a lien on a horse is?
Is it just a certified letter sent to the owner saying "If you don't come pick up the horse and pay XXX within 30 days the horse then belongs to me."
Or do you have to go to the city hall/courthouse and fill out official paperwork?

I'm sure it varies state to state, but any round about knowledge?

GypsyTally921 05-22-2009 01:21 PM

Not a lawyer and I would HONESTLY suggest contacting your city/ county courthouse or a local small claims assistance service before you get advice on here... because it WILL vary widely by state/ county, even city.

Having said that, I believe that yes you will have to file paperwork; what I've heard is that you serve them the court papers and if they don't respond or pay in the allotted time you take ownership of the horse as payment. But again, that's here, I have no idea what it's like where you are :)

Good luck, whatever you find out though!

mls 05-22-2009 01:35 PM

What does your contract say?

The governing body will back up your contract if the person signed it.

I.e. - our contract says a lein is in place if you have unpaid charges - no time line. It also says if you remove your horse with an unpaid balance - the unpaid balance plus legal fees will be due. (attorney approved clauses)

Shawneen 05-22-2009 02:56 PM

Well I am trying to help westonsma out with this paint filly she has in her possession. From what I understand the horse was kept at her place as a favor to a friend (but for the friend's relative). The owners have not had any contact and won't return any phone calls. The friend, of course, has nothing to do with it. I forget how long this has gone on, but I think it's been quite a while. Not too sure about a contract - maybe she could clarify if she reads this.

Basically, I advised a lien to cover her butt so she can register and sell this horse without the worry of any backlash. I highly doubt there would be because they obviously care nothing for this horse and probably won't come out of pocket with the money to reimburse her for the care just to get it back.

What do you all think?

mls 05-22-2009 03:01 PM

Without a contract - it's a he said/she said situation.

Her first course of action would be to sent a certified letter detailing dates and charges. Of course if they refuse to accept delivery, she is still in the same position.

Then she would have to have them served to start the process.

I would advise her to secure the horse so it doesn't leave in the middle of the process.

Shawneen 05-22-2009 03:23 PM

Yeah I told her that she should put a lock on the gate or something so they can't come just take it.

I went through a similar situation with a "friend" who forgot they had a horse at our house for 7 or 8 months and we ended up just selling it - we got tired of the feed bills, hoof trims, shots etc They wanted to throw a fit and get JAG on us, but once JAG heard our side of it I didn't hear anything else about it. I am pretty sure they told them it wouldn't fly in court - being that they basically abandoned it. I didn't bother getting a lien or anything.

farmpony84 05-22-2009 03:24 PM

I had a horse that was "dumped" on my property... I ran an add in the legal section of the paper and then gave the horse away...

seems like 3 months behind board and you can take the horse but I am not positive... I'd check w/ a lawyer or the county.

Joshie 05-25-2009 07:48 PM

Quote:

Originally Posted by Shawneen (Post 312225)
Yeah I told her that she should put a lock on the gate or something so they can't come just take it.

You cannot just put a lock on the gate in some places. I'd check with the county on the law. It varies greatly!


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