Can I file a small claims?

[Aryana]

What is the name of your state (only U.S. law)? Arizona....


The owner of the place were I cam boarding my horses keeps saying she is going to sell my horses b/c I wont sell them to her. Now I do own the owner $100 for feed. My question is can she sell the horses even though I own them and if she does sell them can i sue her?

 

[JETX]

My question is can she sell the horses even though I own them and if she does sell them can i sue her?

Depends... what does your WRITTEN boarding agreement say???

 

[Antigone*]

So why aren't you paying what you owe for your horses?

 

[Aryana]

The only contract that we have says I will pay for any vet bills that come up. and I lost my job and am behind on paying for feed. Its not that I dont want to pay, its just I cant pay $100 all at once.

 

[latigo]

What is the name of your state (only U.S. law)? Arizona....


The owner of the place were I cam boarding my horses keeps saying she is going to sell my horses b/c I wont sell them to her. Now I do own the owner $100 for feed. My question is can she sell the horses even though I own them and if she does sell them can i sue her?

Read the below. It should answer you questions:

Arizona Revised Statutes Title 3 Agriculture Article 1 Section 3-1295. Lien for feed, pasturage and other services.

(a) A person who furnishes pasture, feed or other services for livestock on the premises of that person has a lien on the stock for the amount of the charges that are due and unpaid. A person having such lien may retain the stock until the charges are paid. 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. The hearing shall be held not less than ten and not more than twenty days after the date the action is filed in court.

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.

 

[Aryana]

IF I am reading this right. They have to take me to court before they can sell my horses??

Read the below. It should answer you questions:

Arizona Revised Statutes Title 3 Agriculture Article 1 Section 3-1295. Lien for feed, pasturage and other services.

(a) A person who furnishes pasture, feed or other services for livestock on the premises of that person has a lien on the stock for the amount of the charges that are due and unpaid. A person having such lien may retain the stock until the charges are paid. 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. The hearing shall be held not less than ten and not more than twenty days after the date the action is filed in court.

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.