California Livestock Service Lien –
California Civil Code §3080 ET SEQ et seq.
A Better Alternative
We frequently counsel our clients to ask the non-paying border to remove the horse from the property, and then file a small claims suit to collect the money owed.
The benefit of this approach is that the stable owner can often do most, if not all, of the legal work, substantially reducing any expenses that have to be paid to an attorney or outside party. The small claims system in California is very straightforward, it allows for an individual or sole proprietor to bring a claim of up to $10,000, recently raised from $7,500.
However, keep in mind that a business entity, such as an LLC or Corporation, can only recover $5,000. Additionally, with a proper boarding agreement that includes eviction provisions for non-payment of board, the stable operator can compel the owner to remove the horse. Stable operators are often happier in the long run with this approach than they are with foreclosing on the livestock service lien.
An Abandoned Horse
If the horse owner has stopped paying board and cannot be reached, the stable operator must try to make contact through first class mail and registered mail. If both letters are returned and the stable operator has no other way to contact the owner, the horse can be considered abandoned.
However, to protect against future claims, the stable operator must go through the lien process detailed above.
At this point the stable operator can contact the county Animal Control office, keeping in mind that because of the high cost of keeping a horse, Animal Control is often reluctant to take one. If this is the case, the stable operator may need to be quite insistent.
As an alternative to Animal Control, the stable operator might contact a horse rescue agency. Such agencies vary in policy and sometimes have waiting lists, but they are often willing to take an abandoned horse.
If you are faced with an owner that will not pay the bills or an abandoned horse and you have further questions, Polly Hey can be reached for a free consultation at 650-250-0549 .