Texas law provides liens for two specific types of services provided to horse owners: 1) the stable keeper’s lien, (Tex. Prop. Code §70.003) which secures payment for charges related to the care of horses; and 2) the stock breeder’s lien, which secures payment for breeding services. The stable keeper’s lien also applies to
Stableman's Lien
Does a Bank’s Prior-Filed Security Interest Have Priority Over a Stableman’s Lien?
No. In states that have adopted the Uniform Commercial Code (UCC), courts will probably hold that the possessory stableman’s lien is superior, even if the bank’s UCC Financing Statement was filed before the stableman took possession.
When Does the Conflicting Lien Situation Arise? If someone borrows money to buy a horse or horses, the bank will often require…
Do Horse Trainers Have a Lien on Horses they Train for Unpaid Training Fees?
In most states, trainers do not have an express statutory lien for unpaid training fees and training-related expenses unrelated to the care of horses such as show entry fees and hauling. This means, unless a trainer has a written security agreement signed by the owner providing a lien on the horses in the event of nonpayment of training fees, the law is unclear as to whether a trainer can hold or sell the owner’s horse when training fees remain unpaid. You need to check your state’s statutes, however, as some states’ stableman’s liens do expressly provide a lien for training services. Oklahoma’s stableman’s lien statute, for example, expressly includes a lien for training services. You can find your state’s lien statutes on Equine Law and Horsemanship Safety.
What if My State Has a Stableman’s or Agister’s Lien Statute but No Trainer’s Lien? Currently, every state except Rhode Island has a stableman’s or agister’s lien statute. These statutes provide those who care for, board, pasture, or stable the horses of another with a lien on the horse if charges related to the care of the horse are not paid. Charges related to the "care" typically include the monhtly board rate, supplements, wormer, vaccinations, farrier, and veterinary services paid or advanced by the caregiver on behalf of the owner, and other services related to the care, health, and maintenance of the horses. See Carney v. Wallen, 665 N.W.2d 439 (Iowa Ct. App. 2003)(holding that a trainer who provided only training and did not also provide board or other services related to the "care" of the horses could not obtain a stableman’s lien because training services do not pertain to actions or services performed in the course of acting as a stable keeper).Continue Reading Do Horse Trainers Have a Lien on Horses they Train for Unpaid Training Fees?
What Happens if Lien Foreclosure Sale Proceeds Not Enough?
In many cases, the proceeds from a stock breeder’s or stable keeper’s lien foreclosure sale will not be enough to satisfy your debt. In those cases, you may sue the owner for the deficiency, if any.
The law suit may not be worth it, however, as you could end up spending more on legal fees…
What is a “Public Sale” as Referenced in Texas Lien Statutes?
The law is vague as to what, specifically, constitutes a “public sale” as referenced in the stock breeder’s and stable keeper’s lien statutes. This clearly would not include a sale by private treaty to a third party without the possibility of others bidding on the horse. If you are foreclosing on either the stock breeder’s…
How to Enforce Texas Stock Breeder’s Lien
Fortunately, unlike many states, Texas does not require holders of stock breeder’s liens to file suit or involve the courts in order to enforce their liens—provided the enforcement provisions in the statute are precisely followed.
If you own or stand a stallion and a mare owner does not pay for the breeding services, you have…
How to Enforce Texas Stable Keeper’s Lien
Fortunately, unlike many states, Texas does not require lien holders to file suit or involve the courts in order to enforce the stable keeper’s lien—provided the enforcement provisions in the statute are precisely followed.
If you are boarding someone else’s horse, the board bill is 60 days or more past due, and you still have…
Liens for Veterinarians and Farriers in Texas
Unlike many other states, Texas does not provide veterinarians or farriers with a lien on a horse to secure payment for professional services rendered. The stableman’s lien in Texas does provide a farrier or vet who had a horse in his or her care a lien on the animal for costs of boarding the animal.
Overview of Texas Stable Keeper’s Lien
Texas law provides liens for two specific types of services provided to horse owners: boarding services (the stable keeper’s lien) and breeding services (the stock breeder’s lien). This blog provides an overview of the stable keeper’s lien.
How does a stable keeper’s lien work? The Texas stable keeper’s lien, also known as an “agister’s lien,” is…