Publisher’s Note.....

The current issue of Desert Mirage AHVM features the beautiful and talented Ara-bian stallion Hucks Connection V+/ (Premiere V x Crystal Lace). The cover photo features HCV in action at the 2010 Scottsdale Show; he garnered a Championship in the Liberty Class! The video of the class is featured in this month’s issue. Please take a moment to watch and experience the athleticism, presence and beauty of this ��ne Arabian stallion. Thank you to the owners of Hucks Connection V+/, Jacques and Ann Marie Lapointe, for featuring their Champion Arabian stallion on the cov-er! Hucks Connection V+/ stands at Vicki Humphrey Training Center in Canton, Georgia.

It seems we are all facing the impact of the struggling economy. The advertising and eblast services at Desert Mirage AHVM have been reduced to assist people in the Arabian horse industry during these di���cult times. As owner and publisher of Desert Mirage AHVM, it is my constant goal and commitment to give back to the industry.

As always, please feel free to forward any comments or suggestions you may have.

Laura J. BrodzikLJB Publications LLC248.866.8756info@arabianhorsevm.com

Desert

Mirage Arabian Horse VM

April 2010

Ques� ons for an Equine Law Prac� � onerApril 2010

In Tough Financial Times – What Can The Boarding Stable Do With an Abandoned Horse?byJulie I. Fershtman, Attorney at Law

www.equinelaw.netwww.equinelaw.netDear Ms. Fershtman:

I own a boarding stable. Over the past few years many of our customers have been unable to pay us. Some have fallen seriously behind, and a few of them have not come to visit their horses in many, many months. We’ve tried to call them, but we usually get only promises to pay but no money. A few of them will not respond to our letters and won’t take our calls. What can we do with the horses when their owners don’t pay? Are these horses abandoned? – L.E. (No state speci� ed) In these dif� cult economic times, numerous board-ing stables nationwide encounter these prob-lems and are struggling to get their clients to pay. Stables can be asking for trouble, however, when they make their own conclusions that a horse is “abandoned”due to unpaid board and then take the matter into their own hands without follow-ing the law. For example, some stables give away the horses, sell them illegally to offset the debt, or place the horses in their lesson program without permission. This article discusses abandonment and offers sug-gestions for avoiding disputes. Abandonment

Generally

Boarding stables often assume that a boarded horse was abandoned because the owner failed to pay, but the stable remains in possession of the horse. In the eyes of the law, “abandonment” is not necessarily a conclusion the stable can reach on its own before simply claiming ownership of the horse. Rather, abandonment is typically a conclu-sion made by a court of law that is guided by state law on the subject. “Abandoned” property, as a general matter, is de-� ned as property (such as a horse) to which the owner has voluntarily given up all title and posses-sion, with the intention of terminating ownership for good, and without giving ownership to any one person. Several states now have laws on the books regarding abandoned property and how owner-ship can be legally claimed.

When Problems Arise Stables that accept horses for boarding and keep-ing do not automatically own the horses when board has not been paid. It generally takes a law or legal proceedings before ownership can legally transfer to the stable or someone else. To become the owner, stables must undertake legal proceed-ings that can include: * Stablemen’s lien foreclosure proceedings that follow, to the letter, the applicable state’s sta-

blemen’s lien law (sometimes known as the “agist-er’s lien” law). * Legal action where a court is asked to ex-amine the evidence and declare the horse “aban-doned.” * Lawsuits against the horse’s owners(s) to collect the unpaid board. After the stable wins a judgment against the owner, state law usually al-lows the stable, as judgment creditor, to arrange a sale of the horse to offset or satisfy the debt. Suggestions for Avoiding Disputes Here are some suggestions for stables faced with the problem of unpaid board fees. Most of these options call for a carefully worded written agree-ment: * Stables concerned about their customers’ inability to pay board can ask them to leave now before the debt grows too large. * If you believe a customer can pay off his past due balance in weekly or monthly installments, consider allowing him to do so. * Consider modifying the boarding arrange-ment to reduce future payments by decreasing ser-vices that the boarded horse receives. For example, maybe the stable and owner can agree to pasture board rather than a box stall. * Sometimes horse owners, recognizing they cannot pay the debt, will give the stable full own-ership of the horse in exchange for canceling the past-due board debt. * Remember that the stable must continue giving the boarded horse “reasonable care,” even when fees are not paid on time. In the eyes of the law, this means that the stable must use the degree of care that a prudent and careful horse keeper or stable would under similar circumstances.

* To discourage late payments from your cus-tomers, consider imposing late payment charges and interest (at the legal rate) on unpaid balances in your boarding contracts. * Before using the boarded horse for your own purposes, such as placing it in your lesson program, consult with a knowledgeable attorney. This article does not constitute legal advice. When questions arise based on speci� c situations, direct them to a knowl-edgeable attorney. -- Julie Fershtman, Attorney at Law

About the Author

A lawyer for 23 years, Julie Fershtman is one of the nation’s most experienced Equine Law practitioners, has successfully tried equine cases before juries in four states, has drafted hundreds of equine industry contracts, and is a Fellow of the American College of Equine Attorneys. For more information, visit www.equinelaw.net or www.equinelaw.info. Julie Fershtman’s books, MORE Equine Law & Horse Sense and Equine Law & Horse Sense, help people avoid disputes. Order both for $42.90, � rst class shipping included. To order, call Horses & The Law Publishing at 866-5-EQUINE. Or, send check or money order to Horses & The Law Publishing, P.O. Box 250696, Franklin, MI 48025-0696. Attention Lawyers and Paralegals: This year the American Bar Association published Ju-lie’s new book on Litigating Animal Law Dis-putes. The book covers a wide variety of legal issues involving horses and other animals and includes sample court � lings. Horses & The Law Publishing sells the book for a large dis-count off the ABA’s $130 cover price. Contact Ms. Fershtman directly for information.