Question I need answered right away

[rgan13]

STATE OF ARIZONA

I have a horse, I board him. When I moved in I didnt sign any paper that said they could take him for back board money/as in sieze the horse. i owe them back board and told them I would pay it all by feb 15. They now want me to sign a paper saying I will which I have no problem with BUT the paper also says that they can without taking me to court seize and sell my horse. I dont want to sign it. They are also holding my horse as hostage. They moved my horse to another stall at the barn and will not allow me normal access to the horse (I am not allowed to walk him, brush him etc.) They are also not supposed to turn him out etc but they are and will not allow me to. So question 1 is - without taking me to small claims court do they have the right to keep my horse. Question 2 - can I just go there and move my horse or is it against the law question 3 - if i sign my horse over to someone and have them go pick him up is there a lean on the horse (I have not gone to small claims court, have no judgement against me, I never signed a paper with them saying they could keep my horse if i didnt pay board ontime) If I sign it over to them can they go after the person I sign the horse over to. Thank you!!!!

 

[Zigner]

Go get your horse - take the police with you.

Of course, you won't want to leave the horse there any more.

 

[sandyclaus]

I'm afraid you are out of luck here. Arizona Agister's liens apply in your situation according to law. Regardless of whether or not you sign something the law grants a lien against the horse for unpaid boarding services.

Per ARS 3-1295:

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.
B. On presenting a judgment of the court in the appropriate jurisdiction awarding ownership to the holder of the stock in satisfaction of the lien, the department shall issue to the holder of the stock such ownership and hauling certificates, certificates of inspection or other papers ordinarily required on the transfer of ownership of livestock.

Read here for more on the specifics, including whether or not they can sell the horse to satisfy the lien, and whether or not you can remove the horse prior to satisfying the lien: Equine Legal Guide

 

[sandyclaus]

Go get your horse - take the police with you.

Of course, you won't want to leave the horse there any more.

Sorry Zig... but as I provided, AZ law automatically assigns a lien against the horse in these situations.

 

[Zigner]

I stand corrected...

 

[Antigone*]

I stand corrected...

Have a seat *hands Zig & Sandy a mimosa*

The drink is on me!

 

[sandyclaus]

I stand corrected...

I had to do some serious research on that one. I would have taken your position also, as in "if it ain't in writing, it never happened". But apparently, in the biz of boarding stock, some states actually grant the lien automatically upon entering an agreement to board.

Doesn't mean it doesn't suck, tho.

 

[sandyclaus]

Have a seat *hands Zig & Sandy a mimosa*

The drink is on me!

Coolio, just in time for lunch!

 

[startedone]

Sorry Zig... but as I provided, AZ law automatically assigns a lien against the horse in these situations.

Lucky for the OP your correction was made ... it may have ended up with the OP being arrested!

 

[sandyclaus]

Lucky for the OP your correction was made ... it may have ended up with the OP being arrested!

Not very likely.

If she did try to go the property to claim her horse, per Zig's suggestion, she probably would have requested a police escort. The LEO's that serve those areas tend to be pretty familiar with the concept of the agister's liens, so they would have probably told her she couldn't do it when she asked them for the escort.