# Have a Horse that isn't being paid for, what are my rights?



## Joe4d (Sep 1, 2011)

whats in the contract ? That should be answering your own question.
The answer to your question lies in that contract and your local laws.


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## churumbeque (Dec 20, 2009)

Check your state. I am sure you can legally take the horses and sell them at some point. I wouldn't care about a 30 day notice from someone that isn't paying. If they paid up let them leave.


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## Tapperjockey (Jan 2, 2012)

A21A20C5 said:


> I have been caring for a horse for roughly seven months, and in late, late December 2011 moved him into my new barn per the request of the owner. The owner lives in the far west (Nevada) and my barn, the horse and I in the northern Midwest (Illinois). Since then they have failed to pay board on time for January, and have failed still to pay for February even though it was due on the 10th (It is now the 20th). They have only just recently signed a boarding contract after I was forced to send a letter stating that board needed to be paid. It was in mid-February I received January's board and the contract after I sent the letter (via priority mail 1-2 days to get there) in mid/ early January. From a friend I have heard they plan to move the horse by March (this was on the 16th of Feb), in my contract it states I need a 30 day notice or you pay for the following month, I have received no notice, nor any attempt to contact me. My question is, is there a point say in two months if board has still failed to be paid and no other communication has been made what are my rights in claiming the animal and doing with it as I please, because he is not free for me to have at my barn between food, farrier and vet bills.


Generally speaking you'd need to file for a stableman's lien. That will spell out exactly what you need to do to gain ownership of the horse.


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## sillyhorses (Sep 2, 2011)

If your contact didnt state the remedy in case of a default, then you must rely on whatever your state's stableman's lien (frequently referred to as agister's lien or rights) laws are. You can easily google them...
_Posted via Mobile Device_


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## mildot (Oct 18, 2011)

sillyhorses said:


> If your contact didnt state the remedy in case of a default,


Be careful about that. In some cases default clauses that are in conflict with the state's stableman lien law have been found to be void by judges.

To be sure, it is always best to follow the stableman lien process precisely as spelled out in state law.


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## mildot (Oct 18, 2011)

A21A20C5 said:


> I have been caring for a horse for roughly seven months, and in late, late December 2011 moved him into my new barn per the request of the owner. The owner lives in the far west (Nevada) and my barn, the horse and I in the northern Midwest (Illinois). Since then they have failed to pay board on time for January, and have failed still to pay for February even though it was due on the 10th (It is now the 20th). They have only just recently signed a boarding contract after I was forced to send a letter stating that board needed to be paid. It was in mid-February I received January's board and the contract after I sent the letter (via priority mail 1-2 days to get there) in mid/ early January. From a friend I have heard they plan to move the horse by March (this was on the 16th of Feb), in my contract it states I need a 30 day notice or you pay for the following month, I have received no notice, nor any attempt to contact me. My question is, is there a point say in two months if board has still failed to be paid and no other communication has been made what are my rights in claiming the animal and doing with it as I please, because he is not free for me to have at my barn between food, farrier and vet bills.


You need to read and thoroughly understand this portion of IL law. If you need to, pay an attorney for an hour of his time to explain it to you in detail.

You want to follow the procedures outlined below to the letter. If you do not and you take possession of and dispose of the horse, the owners will have grounds to take legal action against you despite the fact that they owe you money.

Direct link to the Illinois Legislature's website, from where I pulled this from: 770 ILCS 40/  Innkeepers Lien Act.



> (770 ILCS 40/49) (from Ch. 82, par. 58)
> Sec. 49. Stable keepers.
> (a) As used in this Section:
> "Boarding or stabling agreement" means any agreement,  written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the boarding or stabling of a horse.
> ...


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## sillyhorses (Sep 2, 2011)

Very true, mildot... It looks like, according to the Il. Law, however, they even give special recognition to written contacts, although it would still require that the statutory process be taken (i.e. You are only protected if you follow the laws guidelines when including such a clause in a K
_Posted via Mobile Device_


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## Saddlebag (Jan 17, 2011)

I'd send a registered letter stating that the next time (state the date) the board is late, the horse will be removed from the property, and sent to auction. (that might jar their pickles)
In Ontario the law is under the Innkeeper's Act. In brief: put an ad in the local newspaper stating who owns the horse and how much is owing for board. Also a date is stated to clear the account or the horse will be sold at auction. The horse must be sold at auction, no private deals. The BO is allowed to claim reasonable expenses plus board owing, the auction gets their percentage then the owner gets what's left over. 

It is the rare person who wants to get the law involved, especially when they are in the wrong.


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