# Evicting boarder for non-payment



## Joe4d

what does it say in your contract ? It should be spelled out there.


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## cmarie

I would send her a certified letter stating pay or you have so many days to remove your horse or your going to put a lien on it and sell it for the cost of the overdue board.


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## CodeMonk

Joe4d said:


> what does it say in your contract ? It should be spelled out there.


Verbal only. No paper.
Something which I am in the process of remedying. 



cmarie said:


> I would send her a certified letter stating pay or you have so many days to remove your horse or your going to put a lien on it and sell it for the cost of the overdue board.


Ok then...similar to someone that is storing something in an empty stall then?
Because I did have to do that, and that's what I did.

Is there any kind of minimum time that I can give?

Perhaps I will look it up in the morning. Its been a really long day for me today

Thanks.


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## cmarie

I'm not sure about CA law you would have to look it up.


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## CodeMonk

Cool.
Thanks a ton.


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## goneriding

Contract, contract, contract! Verbal may hold up but you always get things in writing, clarity.


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## themacpack

At this point, your best option is to consult an attorney - the lack of a signed, written contract really takes a leg out from under you.


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## chandra1313

I feel your pain CodeMonk, I have a boarder who is driving me crazy right now. She is always late, and she bounced a check on me last month. I only started the boarding with a friend and then another friend asked if his mom could board with me, she seemed nice so I said sure. Now I find I can't stand the sight of her, she annoys me constantly. 
Last month I was trying to empty all the hay out of the barn and then go buy more hay so she hands me her board and tells me when I go buy hay she will pay the rest errrg well then she doesn't pay until a week before the end of the month and the check bounces. This month she doesn't pay until my husband ask her when she is going to pay. I told him I don't want her to pay because this is the last month I'm putting up with this crap.
I only charge 120 a month that includes food and she borrows my stuff, which has becomes just a terrible habit.
I'm not good with asking for anything from anyone, which is why it's gotten to the point where I can't stand her. 
Just had to rant, sorry if I took over your post ;-)


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## Fowl Play

cmarie said:


> I would send her a certified letter stating pay or you have so many days to remove your horse or your going to put a lien on it and sell it for the cost of the overdue board.


This is the process at our barn. B.O. sends 2 seperate letters (probably overkill, but she's cautious) and gives 1 month from the first letter, sends the 2nd 2 weeks later. She has only taken ownership of the horse once.



themacpack said:


> At this point, your best option is to consult an attorney - the lack of a signed, written contract really takes a leg out from under you.


This is probably your only option now however...signed contracts are a must. If you have recently taken over, I'd have every boarder signing a contract with any changes you are making and if they choose not to sign a new contract, give them 30 days. You need to protect yourself.


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## mls

With only a verbal agreement, you are in a he said/she said that she even owes any money.


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## bettyb

Write a letter saying what is owed and when it's due and giving a time to pay it and telling her what happens if she doesn't pay it by the due date. Make the date reasonable and say a month. You might want to say you'll go to court for the money owed AND you'll give her say immediate notice to get out within a week. Or she can just get out right now.

Even if you don't have a contract now, then that letter will be taken as clear notice of what is required. It will be taken as confirmation of the verbal contract you have.

Then if she stays but still doesn't pay by the due date give her the 2 weeks notice to quit.

If she pays you then get a more formal contract detailing everything immediately.


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## loveduffy

Unforutnaly in the border business you have to be ready to be mean and take there horse if there do not pay- this is why I can not be in that end of the job I am just the manager and tell people what will happen if they do not pay


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## Saddlebag

Under Ontario Law, which is the Inkeeper's Act, you send a reg. letter stating amount owing. In Ontario there is an automatic lien on the horse the moment the board is overdue. In the letter give her 3 days to pay up or you will be posting a notice in the newspaper, her name, how much she owes and the common name of the horse. That part is law here. Also let her know that the horse will be sold at the first auction. Now. In ontario the horse has to be sold at public auction, so there are no sneaky side deals. You can retrieve all reasonable expenses and she gets any remaining monies. If it costs you to haul the horse to auction, that is reasonable expense. Usually the threat of newspaper notice is enough to shake them up but it not, there's always the auction. Check the CA laws as there may be something similar. It may fall under something similar to Mechanic's Lien, or Warehousemans Lien. Basically all the same.


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## Dreamcatcher Arabians

*“Your Facility Name” Horse Ranch*​Your Address​City, State, zip​Your Phone #​​​​BOARDING AGREEMENT​ 




_____________________ ________________________
OWNER NAME HORSE NAME & REG. #


_____________________ ________________________
OWNER ADDRESS CITY, STATE, ZIP


_____________________ _________________________
HOME PHONE BUSINESS OR CELL PHONE


IN CASE OF EMERGENCY NOTIFY: NAME ___________________

 PHONE _____________________
BREED:_____________________ SEX ______ COLOR _________ REG. # _____________

VETERINARIAN ____________________ PHONE____________________________
FERRIER __________________________ PHONE ____________________________

This agreement is made between XXXXX Horse Ranch, hereinafter referred to as “XXX” and _____________________________________________, hereinafter referred to as “Horse Owner”.

This agreement commences on ___________ for the purpose of _____boarding, ______ breeding the above described horse, subject to the terms and conditions set forth:

XXX agrees to provide a clean facility and appropriate feed and water required to maintain the animal:

Stall: _____________ Mare Motel Corral: ______________ Pasture: Payment is due upon arrival. 

Horse Owner agrees that he/she will pay XXX for the aforementioned facilities, feed and services the total sum of $________ per month in advance.

Monthly fees not received by XXX by the 7th (seventh) day of each month will be subject to a late charge of $50.00 (fifty dollars). If the Horse Owner has not paid by the 20th (twentieth) of said month, XXX will retain the horse and have the right to sell it for monies owed to XXX. 

Name Phone 

Health Status Upon Arrival: The horse will be in a healthy and sound (breeding) condition, free from infectious, contagious and transmissible disease. An up-to-date record of health, de-worming and immunizations must accompany horse. If records are absent or not up-to-date, horse will be vaccinated and de-wormed within 24 hours post-arrival at XXX. XXX reserves the right to refuse any horse if not in satisfactory condition and/or health.

XXX agrees to attempt to contact Horse Owner should XXX feel that medical treatment is needed for said horse, but if XXX is unable to contact Horse Owner within 15 (fifteen) minutes, XXX is then authorized to secure emergency veterinary and/or blacksmith care required for the health and well-being of said horse. All cost of such care shall be paid by Horse Owner directly to the attending veterinarian or Ferrier. XXX is authorized to instruct emergency care veterinarian the maximum amount of monies the owner is willing to spend on any one incident is $____________ and care should be limited to this amount. Horse Owner agrees to hold XXX harmless for results of those services.

Release of Liability: Horse Owner fully understands, authorizes and assumes the special risks inherent in breeding and transporting horses and acknowledges that mortality and other insurance is solely client’s responsibility. All implied warranties, including fitness, marketability and otherwise, and all special incidental and consequential damages are hereby excluded, to the full extent permitted by law. In no event shall Horse Owner’s remedy exceed the amount of the fee paid for the service complained of. Horse Owner agrees to indemnify and hold XXX harmless from any claim by a buyer of the horse, and agrees to pay all expenses and attorney’s fees incurred by XXX’s defending such claims. XXX and their subsidiaries, affiliates, agents, servants and employees shall not be liable for any sickness, disease, astray, theft, death or injury that may be suffered by the horses while in XXX’s custody, nor for any other loss, damages or injury arising out of or connecting with breeding, boarding, conditioning, or other services pursuant to this agreement, except as required by law. Upon commencement of loading of the horse for shipment, client assumes all responsibility and releases DCA from any responsibility of liability for the horse’s health, soundness, breeding, condition, transportation and care.

Horse Owner agrees that no person will be allowed to handle their horse at XXX unless the person has a contract or express permission from XXX to handle horses on XXX property.

Horse Owner agrees that XXX may terminate this agreement for failure of Horse Owner to meet any term of this agreement. In case of any default by Horse Owner, XXX shall have the right to recover boarding fees, attorney’s fees and court costs incurred as a result of said default. Horse Owner agrees to give a 30-day notice of intent to terminate lease. 

Horse Owner agrees that all outside balances due for board, conditioning, breeding, veterinary care, farrier work, and all other fees, charges and expenses pursuant to this contract shall be paid prior to XXX’s release of this horse. Horse Owner also agrees to pay any and all outside veterinarian and farrier charges prior to removing horse from XXX.

Horse Owner warrants that he owns said horse, or has full lease or possession rights thereto; is fully liable for any damages to persons, horses or property caused by said animal; and certifies to the correctness of information given in respect to the animal on this agreement and attached “Information Sheet”.

Horse Owner agrees to pay all XXX invoices for board and care UPON RECEIPT. Commencing 30 (thirty) days after
presentation of an invoice, XXX shall have the right to assess interest charges to unpaid balances at the rate of 18% 
per annum. Horse Owner may not remove horse from XXX’s possession until all expenses are paid in full.

Horse Owner grants XXX a lien upon and security interest in the horse and any foal produced by a breeding at XXX to 
Secure all obligations and amounts due under this agreement with XXX or any of its affiliates. XXX may, at any time until all amounts due hereunder are fully paid, file a photocopy of this contract in the county and state in which it believes the horse(s) to be kept, or where the Horse Owner resides, and when so filed the copy shall be effective as a financing statement as well as the security agreement. At any time the Horse Owner’s balance is unpaid for 20 days, or Horse Owner is otherwise in default of this or any other agreement with XXX or any of its affiliates, XXX may foreclose its security interest in the horse. Ten (10) days notice shall be deemed reasonable notice of any foreclosure sale. Time is of the essence.
Should one party breach this Agreement, that party shall be responsible for all attorneys’ fees and their expenses related to such breach. 

This Agreement is not effective until approved and executed by XXX, which reserves the right to reject any mare/horse at its sole discretion, and to return any unruly mare/horse at Horse Owner’s expense.

The above mentioned horse has been sent to XXX for the purpose of being treated, transported and inseminated by the Veterinarians at YYY Facility. Horse owner understands that there will be Veterinary charges, transportation charges and holding charges involved in getting the mare in foal. Owner understands that she is liable for any costs incurred and agrees to pay same. Breeding fees, collection and shipping fees for the stallion are owner’s responsibility and XXX will not have any liability to the stallion owner for any costs of obtaining semen. 

This Agreement is governed by and shall be construed under the laws of the State of jZZZ and venue shall be in the county of ZZZ. This Agreement shall in all respects bind and inure to the heirs, executors, administrators, and successors of the parties. This Agreement is made, entered into and is to be performed in Your City, State, and is effective the date shown below. 

This contract may not be assigned or transferred, and any attempt to do so shall result in the contract being considered null and void. 

Dated this _________ day of __________, 20____.




Signature of Horse Owner





XXX Horse Ranch, by 


Arrival date: _______________

Stall number:____________



Here's a generic version of a contract I used when I lived in So. Cal.. Check your laws and see what, if anything has changed since 2004 which is when I left CA. 

At that time, you had to send a Certified, Return Receipt Letter, 30 days before you intended to do anything. I also sent a letter, no return address, via the regular mail to see if it got sent back (sometimes they'll refuse the certified letter or just not pick it up). Keep a copy of all the certified receipts showing what you sent, what date it was sent, and what you paid. 

In the letter you need to state that the person is in arrears for the dates in question, say March 1-April 30, 2012, in the amount of $XXXXXX which includes late fees. They must pay by XXXX date or you will then file in small claims court to recover your fees plus expenses. You also need to state in the letter whether or not you are willing to continue boarding the animal if the owner pays the arrears. So, you need to put in something like, "Upon payment of all board owed and the next month paid in advance, you may continue to remain a boarder at XXXXX Facility." Or you need to say, "You must remove your horse immediately upon payment, IN CASH, of all board monies owed to date. XXXX Facility is exercising its right to cancel the board contract and refuses to provide any services beyond XXXX date." Do not take anything other than CASH or a UNITED STATES POST OFFICE MONEY ORDER. If you do, then you have to hold the horse for a certain amount of days to make sure nothing is forged or bounces. 

Thirty days later, I went down and filed in Small Claims Court and had the Marshall (I think the Sheriff does it now) do the service, it was worth the fee to have a totally uninterested party do the service, they can't argue that your friend just filled out the forms and never actually did the service or otherwise screwed something up. 

If the thing actually goes to court without the person paying up, the judge will award you the case, and AT THAT TIME, the horse had to be sold at public auction to get payment. If you got all that you were owed you were lucky, if you got more than you were owed you had to send it to the horse owner, if it was less you took what you got and wrote off the rest.


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## CodeMonk

All great suggestions and ideas here.
Thanks.

All people that have come in under my watch (Sorry for the weird terminology, but I used to be a prison guard....15 years ago) have signed a contract that also includes a "not liable if injured, if anything is stolen, etc clauses in it as well.
Being an ex prison guard has made me quite cautious with potential lawsuits. That and one of the earlier boarders I took in is the wife of an attorney, who has been nothing but a sweetheart in the almost 2 years she has been here (Except for a small complaint about some low quality hay we got last year, I felt the same way about it, it was crap).

I'll have a good look over that contract. Dreamcatcher and of course do some research and update as needed. Thanks.


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## stevenson

California law.. I dont have the exact law, but you must send a certified letter, I hope you have a contract ! You will need to send a pay or quit notice, a 3 day to leave notice, go to small claims court (under a grand) get a court order for eviction and a judgement from the court for the possession of the horse. Then you can sell the horse.


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## franknbeans

I am not in california, but personally I would not want to "evict them"...unless of course you never want your money and just want them out. The ones I am familiar with on the east cost-put a lien on the horse. At least then you have something.


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## CodeMonk

At this point, while I would like the money, I just want her out.
If I never seen another dime from her, but she is gone, I would be satisfied with that.
Not happy about it, but less uhm...upset about it.


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## CLaPorte432

CodeMonk said:


> At this point, while I would like the money, I just want her out.
> If I never seen another dime from her, but she is gone, I would be satisfied with that.
> Not happy about it, but less uhm...upset about it.


If this is the case, I'd tell her she has 1 week to get the horse off your property or you'll be contacting an attorney. That should be enough to get rid of her.

And NEVER, Ever, EVER, take on another boarder without a written contract signed by both parties and a witness.


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## CodeMonk

CLaPorte432 said:


> If this is the case, I'd tell her she has 1 week to get the horse off your property or you'll be contacting an attorney. That should be enough to get rid of her.
> 
> And NEVER, Ever, EVER, take on another boarder without a written contract signed by both parties and a witness.


That is what I am doing with all new boarders now.
And I will be doing so with all current boarders.

The way my dad did it for 50+ years seemed to work OK for him over the years. There were a few problems, but talking with anyone that caused any issues usually took care of any problems/issues.

But times are different.
The "old ways" aren't sufficient anymore.

I have changed several things about the way this place is operated since I took it over when my dad passed away.
There are new challenges and the old ones are still there, but things are slowly turning around and things are improving.

This is not the first business I have run.
I used to run a computer repair business in Northern Nevada (Reno and surrounding areas).
(Computer/network repair, network design and installation, custom programming, computer education, etc.).
Did pretty good for quite a long time until the economy in the area took a nosedive a few years ago.


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## Saddlebag

One ****ed off BO trailered the horse to the owner's house and tied it in the back yard.


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## mls

Saddlebag said:


> One ****ed off BO trailered the horse to the owner's house and tied it in the back yard.


Former owner of our barn told folks we'll tie the horse to the tree across the road.


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## chandra1313

Saddlebag said:


> One ****ed off BO trailered the horse to the owner's house and tied it in the back yard.


 
Lol that is exactly what I was going to do, my husband said I should just talk to her and give her time. Time, 3mos in a row is plenty of time to figure out whether you can afford to keep a horse. This month paying was better and then her son just brought board and said when I go get hay he will pay the rest, I told him don't worry about when I get hay, your horse is eating right now. It just seems like they have my number, and think I won't say anything, which usually I wouldn't but once you get the first convo under your belt, it just gets easier lol


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## crimsonsky

i'd love to hear how this all plays out for you. good luck!


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## CodeMonk

crimsonsky said:


> i'd love to hear how this all plays out for you. good luck!


Me too.

And I see another Reno-ite ?).
Between 1989 - 2008 I lived in:
(Sorry for this Off Topic bit, but well...Its kind of exciting to communicate with 
someone that lives in the same area I lived in for almost 20 years. I guess I lead a rather boring life these days).
Carson City
Ely (Far east side of the state, A place I would rather forget. 
Work transferred me there. To answer your next question: Correctional Officer)
Stagecoach (Or Silver Springs)
Reno (1/4 mile from downtown...YAAAAH walking distance from all the festivals. Those were some much better when you didn't have to drive there).
Sparks (Near Reed HS; Off Rock just south of Hwy80 (yaah again, walking distance from the Farmers market) )
(Sorry, I guess I really do lead a boring life  )

BTW...On your barn page, that pic of someone riding Berry, is that near the Truckee River bike trial?
I know that foliage is all over the place in that area.
It's on the Truckee bike trail as well. Goathead thorns are too, **** flat tires :evil:


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## crimsonsky

haha - i can't wait to get out of Reno!  i currently live out by the BLM facility in Palomino Valley which isn't too bad.

that's me riding Berry and that's actually out by Boca a few years ago. let me see if i can find the name of the trail. and yes - the goatheads are evil!!


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## CodeMonk

crimsonsky said:


> haha - i can't wait to get out of Reno!  i currently live out by the BLM facility in Palomino Valley which isn't too bad.
> 
> that's me riding Berry and that's actually out by Boca a few years ago. let me see if i can find the name of the trail. and yes - the goatheads are evil!!


Is Palomino Valley where they have (or had) that animal refuge? Went there a few times.

And Boca.
One year, a few years ago I went camping out there with some friends, and friends of friends a couple of times (They had the Jet Ski's). May is to early. the water was sooooo cold. But it was nice otherwise. That was towards the back.
The little lake up front was all full up the first time I went there.

I liked DL Bliss State Park on the East shore of Tahoe, just north of Emerald bay.

Have fun riding and camping.
And I'll be jealous :happydance:


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## AlexS

I leased out my horse for a few short months and only discovered that the person I leased to was not paying the board (which was our agreement) when I received notice from the barn. 

They wrote to me and said I had x amount of fees for none payment of 2 months board and if it was not paid within 10 days they would take possession of my horse. 
I called them and paid one months board immediately, because of the circumstances, they were ok with waiting 2 weeks for the other months and everything was fine after that. I ended the lease and contact with the 'friend' who was doing the leasing.


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## Joe4d

I was gonna suggest dropping the horse off. Putting a lien on a horse for non payment of board seems like a loosing battle in many cases. Look at the horse market now. How much are these non paid for horses actually worth ? How much is it gonna cost for the court, attorney consult, continuing to feed, wasted pasture and stall space you could be renting to a paying customer. Add all that up. Will all the time and expenses it takes to get legal possession be recouped in the sale ? 
You have the address of the owner? Load the horse in a trailer, walk the horse up to the front door, Knock on the door and hand them the lead line.


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## Speed Racer

Before doing what Joe and several others have suggested about just taking the horse to her house and dumping it, you'd better check your local laws. If it's illegal, as I expect it is in your area, YOU'LL be the one facing criminal charges, not the owner.

Regardless of whether or not this person owes you money, abandoning an animal by the side of the road is illegal.


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## mildot

Speed Racer said:


> Before doing what Joe and several others have suggested about just taking the horse to her house and dumping it, you'd better check your local laws. If it's illegal, as I expect it is in your area, YOU'LL be the one facing criminal charges, not the owner.
> 
> Regardless of whether or not this person owes you money, abandoning an animal by the side of the road is illegal.


I disagree. It's not abandonment when the horse is delivered to its rightful owner's property. If no one is home, drive a picket stake on the front lawn and hobble the horse to it. Or tie it to the front porch. Or stick him in the fenced back yard, if there is one and the gate is not locked.

If it is illegal to keep livestock where the owner lives, then perhaps he should pay the board owed. Or pay the fines for keeping livestock in a residential zoning.

Either way, it's not the barn owner's problem any more.


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## Speed Racer

Say the OP takes your moronic advice and gets charged for a crime. Are you willing to accept culpability because she believed it was okay to do based on what you told her, and be willing to pay any fines or serve jail time for her? If the answer is NO, then maybe you shouldn't make pronouncements like that.

It darned well IS the board provider's problem if she does something illegal.


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## franknbeans

SR-there is no boarding contract. There is no "proof" of any responsibility on the BO's part. I agree that if the horse is delivered to the owner it is NOT abandoned.

I suppose the horse owner could deny ownership.....in which case, the Bo just got himself a horse.


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## waresbear

That's pretty much standard procedure here, you don't pay your board, your animals are dropped off at your place or even your place of employment if you moved. In fact a BO here winched a dead horse off a flatdeck onto a owner's yard because the owner didn't want to pay for a backhoe to dig a hole. No one got charged with nothing, but again, laws are different everywhere.


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## CodeMonk

I will look into the legality of delivering the horse to her house.
Where that is I have no idea at the moment.
She's a "poor little rich girl" who has lived off of her parents most of her life (she's 51 I think, born in 1960, same year as me, which she has mentioned a few times in the past).
I have always had a bit of an aversion to handling other peoples horses without asking first because, well, their horses are "their babies", etc. Some people tend to get a little upset about that sort of thing.
Moving them around due to necessity (Fire, broken or damaged stall/pen, etc.) are a different issue IMO and I discuss that with new boarders when they come in anyway. But non-payment of board I think falls into that area.
Hell, I have heard boarders ***** about other people even petting or touching their horses.


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## Dreamcatcher Arabians

I think you said you live in LA county, right? Be VERY careful of moving that horse and/or dropping it off in the owner's yard. CA is so litigious if that horse chips a hoof the owner is liable to sue you and you could end up on the wrong end of the stick. Not only that, but once you let the posession of the horse pass from your hands, you lose a HUGE playing card when it comes to getting your board. If she has the horse, then the best you'll do is to get a judgement for the board amount from the court and if she doesn't show up to pay, then you'll just have to whistle for it. In LA county I'm pretty sure the board is a lot more than the $100 to $200 most of the other states in the middle of the country charge. 

Good luck, I would hate to be dealing with this. Best case scenario is, she pays the back board and moves the horse voluntarily.


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## CodeMonk

Yes, Los Angeles County.
Its not really likely that I will do something like that, only as a last resort.

I worked in a prison (2 of them actually) for 6 years. The outside world doesn't have a thing on prison inmates when it comes to litigation 
So I am VERY aware of that aspect of society. Unfortunately.


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## Joe4d

Speed Racer said:


> Before doing what Joe and several others have suggested about just taking the horse to her house and dumping it, you'd better check your local laws. If it's illegal, as I expect it is in your area, YOU'LL be the one facing criminal charges, not the owner.
> 
> Regardless of whether or not this person owes you money, abandoning an animal by the side of the road is illegal.


Never said anything about side of road, I said front door of owner, while they are home. 
how on earth would it be illegal to take someones property to them ? Not sure what your area is but I'd like to see the statue in any area you are basing that on. Yeh go ahead, I'll see you in court.


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## iridehorses

You take the horse to the owner, tie him to the front railing, kids in the neighborhood come to look at the horse, someone gets hurt OR horse spooks, tears down railing and hurts himself OR runs into the street and gets hit by a car.

Do you think the owner is responsible? No, the moron who brought the horse there is.


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## chandra1313

They have no contract people, she would use that to get out of paying fees so why shouldn't he use that same idea, to rid himself of a irritating situation. Maybe you should just meet her at the gate with her horse and give her, her horse to deal with any way she wants as long as it's not on your property. 
Who cares about loosing board fees, money can't erase someone acting as if their life is more important then your own. She goes to bed at night with peace of mind that her horses are fed and someone is looking after them, leaving all the responsibility on someone elses shoulders. Good riddance I say. Just my opinion


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## Hunter65

saddlebag said:


> one ****ed off bo trailered the horse to the owner's house and tied it in the back yard.



love this!!!!!!


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## Hunter65

I know in our neck of the woods you have to wait 3 months before you can take ownership of the horse and sell it or whatever. There was a guy at my old barn that would show up and pay just before the three months were up. He never came to see his horses, I know it drove the BO nuts but she couldn't just let them starve either so she cared for them. I think she finally got rid of him. I always have paid my board on time as I really don't relish having Hunter in my front yard while I look for new board. lol


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## starlinestables

I wouldn't recommend dropping off a horse unless you know you could do it safely with regards to the horse and to the neighbors.. The best thing to do is call animal control.. "Hi, this random horse got dropped off on my property please come get it right away as I'm worried for the health and safety of my horses."

Once you've rid yourself of the horse, still take their butts to small claims.


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