Stablemen’s Lien Laws – Part 2: How They Differ
Stables looking to collect past-due board by invoking a stablemen’s lien law should take caution.
Almost all states have laws on the books that are specifically designed to give lien rights to horse boarding stables. State laws differ significantly as to stables’ rights when board has not been paid. Here are some examples of how the laws differ:
Laws that Give Stables an Automatic Lien
Laws in some states give stables a lien automatically, with no obligation to file anything, until the stable is paid in full. These laws can also give the stable the right to insist on continued possession of the horse until the debt is paid off. For example:
- Michigan Compiled Laws Section 570.185, states, in part: “Whenever any person shall deliver to any ... person any horse ... to be kept or cared for, such ... person shall have a lien thereon for the just value of ... the keeping and care of such animals, and may retain possession of the same until such charges are paid.”
- Nevada Statutes, title 9, Chapter 108.540, states, in part: “Any person furnishing feed, pasture or otherwise boarding any animal or animals, at the request or with the consent of the owner or his representative, has a lien upon the animal or animals, and may retain possession thereof until the sum due for the feed, pasture or board has been paid.”
These laws also discuss how and when a stable can sell of a horse to satisfy a debt.
Laws that Require Court Action
Some laws require stables to go to court before they can take action in selling off a horse due to unpaid board. For example:
- Missouri Statutes, Title XXVII, Section 430.160, regarding enforcement of liens, requires stables that claim a lien to make a special filing in the circuit court within its county. Thereafter, the non-paying boarder is notified of the filing, and the matter is brought to trial on the issue of the debt and the stable’s rights. If the stable wins, it could receive the right to sell the boarded horse.
- Similarly, Arizona Statutes, Chapter 11, § 3-1295, states, in part: “If possession continues for twenty days after the charges accrue, and the charges have not been paid, the person retaining possession of the stock may perfect the amount of the lien by filing an action in either superior court or justice court, according to the amount in controversy, in the jurisdiction of the holder of the stock. ... If the prevailing party does not receive payment due within ten days after the final judgment of the court, the prevailing party becomes the owner of the stock. The court shall award the prevailing party court costs and reasonable attorney's fees.”
Stables That Require Notice and a Public Sale
Some laws allow stables to hold a horse when board has not been paid and then sell the horse without first going to court. For example, Connecticut Statutes, Ch. 847, § 49-70, states, in part: “When a special agreement has been made between the owner of any animals ... and any person who keeps and feeds such animals, regarding the price of such keeping, such animals shall be subject to a lien, for the price of such keeping, in favor of the person keeping the same; and such person so keeping such animals may detain the same until such debt is paid; and, if it is not paid within thirty days after it is due, he may sell such animals ... at public auction, upon giving written notice to the owner of the time and place of such sale at least six days before such sale, and apply the proceeds to the payment of such debts, returning the surplus, if any, to such owner.”
Because of these and many other differences among the laws, stables should make sure to read carefully the law that applies to them. Because the stablemen’s lien laws can be complex, and because of the harsh penalties that could potentially follow if stables violate them, it makes good sense to hire a lawyer to protect your rights.
Julie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. A frequent author and speaker on legal issues, she has written over 400 published articles, three books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.View All Posts by Author ›
Our Equine law blog (and its author) in the news!
Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.
Honors & Recognitions
Equine lawyer, Julie Fershtman, has recieved these prestigious equine industry awards from respected equine organizations:
"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee
"Distinguished Service Award" - American Youth Horse Council
"Industry Service Award" - Michigan Equine Partnership
"Catalyst Award"- Michigan Horse Council
"Outstanding Achievement Award" - American Riding Instructors Association
"Partner in Safety Award" - American Riding Instructors Association
"Associate Service Award" - United Professional Horseman's Association
"National Partnership in Safety" Award" - Certified Horsemanship Association
What our Equine Law Services can Provide
Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.
Litigating disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).
Defending equine/farm/equestrian industry professionals, businesses, and associations in personal injury claims and lawsuits.
Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.
Representing and advising insurers on coverage and policy language as well as litigation;
Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.
Representing some of the equine industry's top trainers, competitors, stables, and associations.
Counseling industry professionals, stable managers, and individual horse owners.
THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie.
Follow Us on Twitter!
Follow us for updates regarding news, cases, disputes, and issues regarding Equine Law. @horselawyers