Need some advice

We offer boarding to a limited number of people. We're not a big barn, or an actual stable. We have a total of 3 people here. Here's my problem.

One of our boarders came in a little over a month ago. He's a travelling trainer. Has trained some of our horses and helped us out. He was a pretty good friend at one time, but we have drifted apart. Anyway, he lost his rental farm and needed to move his horses. He brought them here and paid for last month. Now I can't get a hold of him and don't know how to track him down other than his cel phone. He's got a good regular full time job and is usually always busy as a trainer. I'm getting the feeling that he might have decided to dump his animals on me.

What would you do?

Well first off a couple of questions...

Do you know where his regular full time job is? Can you go there or call and get ahold of him?

Did he sign a boarding contract? If so does it cover not paying board?

I would call and leave a message informing him that he has X amount of time to call me back or I will move forward with putting a barn lien on the horses for back board. I would also explain that this barn lien makes him responsible for all filing/court fees, all feed, handling, vet, farrier, and board on the horses.

I don't know about in CA but up here after so long (I think it's 60 days), the horses are awarded to the Lien holder, they then can take the horses and call it good, or they can attempt to sell them to get thier money back. If they don't sell them for the amount of the losses (the lien amount) then the remainder is awarded to the Lien holder and they then have the right to put a garnishment on the person's wages etc. The lien, once awarded to 'you' also enables you to get registation papers on any of the horses if they have them. You'll have to check and see what the laws are down there.

If he does not call you back, you may end up being stuck with the horses. How you handle it all depends on what you want to have happen.

Up here if you call AC and say this guy abandoned these horses here, they'll tell you that you're now responsible for them. They won't do a thing.

I would call him and be really firm and give time limits for contact and payment. If they're not met then I'd go for a Lien. Either way, you're still stuck paying for the horses up keep etc.

Yikes! Do you know where he works? If so, I'd try to find contact info and get a hold of him there... You could try getting a hold of the barn he was at before, asking for any friend's or clients who might know where he is... Try veromi.net, I think you have to pay a small fee, but they might have his current whereabouts...

We had a lady here who did that a couple years ago, unfortunately, we never tracked her down and last we heard she was living out of her car! After several months we ended up giving her gelding to a rescue who planned to use him as a lesson horse. Heard from her a few months later through an acquaintance who apparently knew her (we find out, would have been nice to know when we were trying to locate her!), and she was "glad we had found him a good home" Arrghh!!!!! And what about the money we were out from caring for him all that time? If someone's going to dump a horse or horses, at LEAST tell the person you're dumping them on! Then we don't waste time and our own hard earned money sitting around wondering, at least we can get started on placing the horse(s). Geesh!

I'd make sure he knows that if he is thinking about dumping them, the word will spread--affecting his reputation and future business as a responsible/trustworthy trainer! And it doesn't have to be a threat, you can offer up the opinion that "abandoning your horses could have a seriously negative impact on your reputation as a respected professional trainer" or something along those lines. Perhaps that will push him into action and he will think harder about taking care of them or paying up or whatever! Even if you wouldn't actually spread the word (I don't think I would either--stooping and so forth...), at least if he thinks you will, it might nudge him to take care of the problem! Sorry this seems to have happened Stacy, hopefully you can find him! Good luck!

I agree with CVR (ha ha, she must type a lot faster than me, poof! there it was when I got done with my response! ) You should look into the laws and procedures for your county. In Oregon it's 30 days for livestock, 15 for small animals. The lien begins on the first day of delinquency in payment or the first day the lien holder (caretaker of said animals) begins caring for the animals. So, if they're even a day late, you hold the lien on their animals for whatever amount. You are required to give 30 days notice, so as I said, if they are even a day late, you can give them notice that if they do not pay up, their animal will be sold at private or public auction to recover the lien amount. We also have the right to charge reasonable fees for each day the animal is kept, fed, and cared for. So, in other words, boarding fees, late fees, anything that was included in your boarding contract, OR anything that you normally charged him or any other boarder, for full-care board, plus late fees, and any vet, farrier, worming, anything like that. If after the 30th day he has not responded or paid up, we can sell the horse.

Some states/counties do require a document to be filed, my county does not. However, we are required to post said lien notice in an obvious and publicly viewed area (ie: the stall, and the front of the barn), as well as sending certified letter to his last known address, and placing an ad in the local newspaper. In this way it can be proven that the lien holder did make every attempt available to contact and notify the owner. Definitely check with your local authorities (county) on the procedures before just doing it, if you don't follow the rules by the book, he could have everything overturned if he wanted to fight... I have had a horse taken from me that I bought from a boarding stable who had enforced their "right" to lien and sell for back board. They did not however follow the rules, in that the letters they sent were not "certified", and they didn't post a notice on the stall (though, the lady woudn't have known, she was living in MA at the time, opposite coasts!). She contacted her lawyer, and he attacked their methods, and they gave the horse back to her (giving me my money back). So... definitely look into the laws before doing anything!

Also, I belive you could at least call animal control and file a complaint or whatever, OR call the county sheriff, one or the other will tell you who to call. They probably won't take the horses off your hands, but File a complaint at least because there's one more piece of documentation that the problem arose on such and such date and because of .... If they'll take the complaint that is... As CVR said, sometimes they won't do anything around here either...

Called animal control yesterday. An officer is supposed to call me back. I heard from the legal help center that they might just come pick up the horses.

I spoke with a neighbor yesterday also. They don't talk to him anymore, but said they haven't seen him around town which they normally do. She also said about 3 weeks ago there was something in the paper about him getting pulled over. He was driving on a revoked (?) license and suspected of a warrant. We're wondering if he's in jail.

My friend called him last night and noticed that his voicemail isn't his message anymore. So, don't know if he got a new phone (cel phones do break) or what.

That just sucks Stacy!

Sounds as though he has really dumped his horses on you. arghhhhhhhh! It makes me sooooo mad to hear people doing this. If he's actually in jail, can you call the Placer County Jail and see if he's there? Where I board my mare they had a gelding a couple of months back that got left behind. After 1 month, she got a lien and the horse was hers. She then found him a home for the cost of 1 months board, so at least she recouped some of her expense. This is happening at quite a few boarding stables in our area, maybe call the Sheriff's office and ask what you can do.

Well, I found out that I am fully in my rights to sell his animals. I have proof through phone records that I have tried to contact him and don't need anymore than that and the contract. I put his 2 geldings up for sale. Have had a lot of interest, but no one has come out to see them yet. The mare is pregnant, ugly ol appy, bred to a jack! I called the jack's owner to see if she would want the mare. Guess what!

The owner of these horses has attached himself to her ranch and is there almost every day!!!!! She was going to give word to him today that I am ready to remove the horses. We'll see if he calls and what his excuse is. She did tell me that she would want the mare back, but is in a tough spot financially too.

Wow, so you found the guy but appears that he's doing the same thing again.

I wouldn't bet on him calling any time soon. Good luck with selling the horses.

Yea. I found someone today that wants all 3 horses. Won't take just the 2 geldings. I called the breeder of the mare to ask is she passed on the message and what I should do with the mare. She did pass on the message, said to go ahead and sell her as she couldn't do anything for a while, oh and by the way, they (her and the no-good ex friend horse abandoner) are on a trail ride right now. He obviously doesn't care and has released any interest in them.

The guy that wanted them came and looked, said he was definately interested, but needed to run it by his wife. He would call this afternoon or tonight and have them out by the weekend. Haven't heard from him yet. Still have a couple of hours, so here's hoping.

Keeping my fingers crossed for you Stacy!

So, I got a message today from the horses abondoned owner while I was riding. He said that since I owed him money, he wasn't worried about not paying his board bill. And, that we were just going to do a trade for board instead of the tractor he was supposed to take last year, but didn't. So, apparently, without my consent or agreement, he decided he was giving the tractor back and taking free board instead .

I called him back, left a message, of course, that he could come on Saturday between 10 and 12, bring the board he owes, plus a trailer and find someone to get the tractor out of here. Don't have anything else to say.

Stacy - I am so sorry that this happened to you. I am close by in Loomis, and am happy to help.
Maybe it would be easier to sell the tractor and apply the money to his board......I think that tractors go
fast on craigslist farm and garden category.

Linda,

Thank you so much. We'll see what happens tomorrow. I will be glad if everything goes as I have specified with him. It's really too bad as I thought he was a friend also.

I will let you know how it goes.