Page 24 midwest horse digest February 09
What Stables and Owners Should
Know About Resolving Past-Due
Board Problems
by Julie I. Fershtman, Attorney at Law www.equinelaw..net
than allow the debt to get larger by the month.
Consider alternative arrangements. That way, the stable can cut its losses and can
Some stables allow boarders to work off some retain the option to sue the boarder later to col-
or all of their board fees by doing chores such lect the unpaid sum. Stables that seek to
as cleaning stalls. (Stables should consider remove non-paying boarders should consider
very carefully whether to enter into these checking with legal counsel first; parting with
arrangements and would be wise to consult the boarded horse could, under some state
with their attorneys to make sure the arrange- laws, make it difficult or even impossible for
ment is properly documented and their the stable to enforce its rights under the state’s
insurers to determine whether they are proper- stablemen’s lien law.
With the weak economy, record foreclosures,
ly covered with liability insurance or worker’s
and high unemployment, businesses are
compensation insurance.) Other stables, with Conclusion
feeling the pinch. Many have closed for good.
the boarder’s consent, sometimes utilize the Stables can potentially take drastic legal action
Boarding stables, in greater numbers than
boarder’s horse in their riding lesson program against their non-paying boarders. But
ever, are encountering problems of unpaid
to offset board fees. (Boarders should stables are also known to consider creative
boarding fees. In their attempts to address
consider this arrangement very carefully and ways to allow cash-strapped boarders to
the problem, boarding stables and horse own-
should make sure they are properly covered remain as clients. When the stable and
ers should be mindful of how the law can affect
by sufficient liability insurance to protect boarder try to resolve the problem, both would
their rights.
against possible risks.) be wise to make sure not only that their
arrangements take into account the applicable
The Boarder’s Options
Options For The Stable law but also to put their arrangements in
If you have fallen behind on your board
When dealing with non-paying boarders, writing.
payments, it may be time to take a serious look
stables have several options to consider. The {italic text} This article does not constitute
at whether you truly can afford horse
more drastic options allowed by law include legal advice. When questions arise based on
ownership. The boarding stable, after all, is
the following: specific situations, direct them to a knowledge-
just one of the many businesses seeking pay-
able attorney.
ment for your horse’s upkeep. Numerous
Sue the boarder for collection. The stable can
other expenses are certain to follow, including
sue the boarder to collect the unpaid boarding About the Author
veterinary bills, farrier bills, and equipment
fees. Depending on the terms of the boarding
costs. And regardless of how hard you try to
contract and the applicable state’s law, the sta- Julie Fershtman, a lawyer for over 22 years, is
budget these expenses, unplanned expenses
ble might also be entitled to recover interest, one of the nation’s most experienced Equine
can crop up such as a sudden health problem
attorney fees, and court costs from the Law practitioners who has achieved numerous
or injury requiring emergency veterinary care.
boarder. And if the stable wins a judgment, it courtroom victories and drafted hundreds of
For those who believe they can still afford to
might be permitted to enforce the judgment by contracts. She has also spoken at equine
keep their horses and want to reduce their
eventually selling off the boarded horse. industry conventions and conferences in 24
debt to the stable, here are a few options:
Sales of this type, sometimes referred to as states.
“judgment creditor sales,” should be done only
Try to negotiate a payment
under guidelines, procedures, and conditions For more information, visit www.equinelaw.net
schedule with the boarding stable. Maybe the
that are allowed by the applicable state law. and www.equinelaw.info.
stable owner will give you a few extra months
to pay off your past-due board bills. When a
Pursue a stablemen’s lien sale. As Julie Fershtman’s books, MORE Equine
stable allows these arrangements, particularly
my past articles have explained, most states Law & Horse Sense and Equine Law &
if the stable will waive interest and late pay-
have laws on the books that are designed to Horse Sense, can help people avoid
ment fees that the boarding contract otherwise
allow stables to hold stablemen’s lien disputes. The books are easy to read and
allows it to charge, the boarder should get this
foreclosure sales when the boarder falls are required reading at several equine
in writing.
behind on payments. The stable’s rights in studies programs. Order both for $42.90,
this situation, however, will vary greatly first-class shipping included. For more
Show good faith. Boarders who
depending on the state law. Because of this, information, or to order, contact Horses &
make no payment to the stable are almost
stables are strongly cautioned to follow the The Law Publishing at 866-5-EQUINE. Or,
certain to prompt the stable to seek drastic
applicable stablemen’s lien law to the letter send check or money order to Horses &
legal action (discussed below). By compari-
and to consult with a knowledgeable lawyer The Law Publishing, P.O. Box 250696,
son, boarders who try to make a stream of
before attempting to sell off a boarded horse. Franklin, MI 48025-0696.
payments to the stable demonstrate their sin-
cerity in paying off the debt. This might
Ask the boarder to leave. Clearly, (C) 2008, Julie I. Fershtman. All rights
encourage the stable owner to be patient with
boarding stables need paying customers to
reserved.
you and allow you time.
stay in business . Some stables would rather
ask their non-paying boarders to leave rather
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