Full question:
I currently live in CA. When I moved here, I had to leave my horse in Tucson, until I found a place to live and keep her. That proved to be a hard task that took time. I paid board for her in AZ, while I live here. Now, I have a horse that is being board in Tucson. The stable owner will not give me access, or allow me to get my horse. There is no written contract. She refuses to give me any itemization to document her charges. I do not agree that I owe her the amount she claims, and she refuses to send me written documentation of how she has arrived at these ridiculous figures. I have made Timely payments for months. I now reside in CA and the horse is still in AZ. I have registration and the horse is micro chipped. Can I go and get my horse without paying her? I have been told by many people that she cannot legally keep my horse. Can she keep possession of my horse? I want to send someone to pick her up,before she disappears. She said she is going to sell the horse to cover the bill, and I will suffer the loss of my baby along with 20 k loss! The bill she claims is $5600. The horse is worth 20 k. I love my horses and they are my family. Can I simply get my horse? How? What is the legal way in AZ? I do not have money for a big court battle, and neither does the stable owner.
- Category: Civil Actions
- Subcategory: Conversion
- Date:
- State: Arizona
Answer:
In Arizona, the stable owner may have a lien on your horse for unpaid boarding fees. A lien allows her to keep possession of the horse until the charges are paid. If she retains the horse for more than twenty days after the charges accrue without payment, she can file an action in court to perfect the lien. If she wins, she may become the owner of the horse if you do not pay the bill within ten days of the judgment (Ariz. Rev. Stat. § 3-1295).
To retrieve your horse legally, you should first demand its return in writing. If the stable owner refuses, you may need to consider filing a lawsuit for conversion, which is a civil action to recover property wrongfully retained. In this case, you would need to prove that you requested the horse's return and that she denied your request.
Keep in mind that without a written contract, it may be more challenging to prove your case, but oral agreements can still be enforceable. If you pursue legal action, be prepared to show evidence of your payments and any communications with the stable owner.
Given the potential for a lengthy legal process, consider seeking a resolution through negotiation or mediation before escalating to court. If necessary, consult a local attorney who specializes in equine law or contracts for specific guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.