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In the world of equine ownership and boarding, it’s not uncommon for disputes to arise when a horse owner fails to pay for services such as feeding, stabling, or medical care. When these unpaid bills pile up, the person or facility caring for the horse may have legal remedies available—namely, a lien for care and maintenance. In Florida, equine service providers can assert this right under specific laws, but the process must be handled carefully to avoid legal complications.
Whether you’re a horse owner, boarding facility, trainer, or veterinarian, Gueronniere, P.A. can help you understand how liens work, help protect your financial interests, and avoid unnecessary disputes.
What Is a Lien?
A lien is a legal claim against someone else’s property as security for a debt. In the equine context, this means that if you’ve provided services such as boarding, feeding, or medical care for a horse and the owner hasn’t paid, you may have the right to place a lien on that horse.
This lien can allow you to retain possession of the horse—or in some cases, even seek to sell it to recover the money you’re owed. However, exercising this right must follow strict procedures under Florida law.
Florida’s Statutory Equine Lien Rights
In Florida, liens for the care and maintenance of horses are governed by Florida Statutes § 713.65. This statute applies to those who provide services such as:
- Boarding and stabling
- Feeding
- Training
- Veterinary care
- Farrier work
Under the law, if the person providing these services is not paid, they may retain possession of the horse until the bill is settled. This is known as a possessory lien. In certain situations, they may also seek to sell the horse to recover the unpaid balance—though this requires careful adherence to notice and sale procedures outlined by law.
Requirements to Assert a Lien
To properly assert a lien for equine care in Florida, the provider must:
- Have Provided Services in Good Faith: The lien is only valid if the services were lawfully provided and the charges are reasonable.
- Retain Possession of the Horse: The lienholder generally must have physical custody of the horse. If the horse is returned to its owner before the debt is resolved, the lien may be lost.
- Give Written Notice: Before selling the horse, the service provider must send a written notice to the owner via certified mail detailing the amount owed and intent to sell the horse if payment isn’t made.
- Conduct the Sale Properly: The sale of the horse to recover the debt must follow the guidelines in the statute, including public advertisement and a commercially reasonable sale process. Any surplus proceeds after covering the debt must be returned to the horse’s owner.
Failure to follow these steps can result in legal liability, including claims of conversion (wrongful taking of property) or breach of contract.
Liens Without Possession
In some cases, such as when a horse is removed from a facility before a bill is paid, the lienholder may need to file a lawsuit to enforce the lien or recover damages. This often requires a court order and can be time-consuming and expensive, which is why keeping possession of the horse until payment is resolved is usually preferred.
Avoiding Disputes: Contracts Matter
One of the best ways to avoid lien-related disputes is to have a clear, written contract with the horse owner. A well-drafted agreement should include:
- Specific services being provided
- Payment terms and due dates
- Consequences of non-payment, including lien rights
- Procedures for Dispute Resolution
This not only helps ensure both parties understand their obligations, but also provides essential documentation if a lien needs to be enforced later.
Common Pitfalls to Avoid
- Failing to Retain Possession: Once the horse is returned to the owner, enforcing the lien becomes much more difficult.
- Improper Sale Procedures: Selling a horse without following legal requirements can lead to lawsuits and significant financial liability.
- Lack of Written Agreement: Verbal arrangements can lead to misunderstandings and are harder to enforce in court.
If you are considering asserting a lien—or if someone is attempting to assert one against your horse—it’s wise to consult a Florida equine law attorney to ensure your rights are protected.
Serving Florida’s Equine Community
At Gueronniere Law, P.A., we assist horse owners, trainers, boarding stables, and veterinary providers across Florida, including Wellington and West Palm Beach, with equine-related legal matters. Our team understands the nuances of Florida’s lien laws and can help you navigate disputes effectively, whether you’re enforcing a lien or responding to one.
We’re here to help draft service contracts, provide guidance on statutory procedures, and represent your interests if a dispute escalates. In the equine industry, relationships are important—but so is protecting your livelihood. Understanding your rights under Florida law is the first step. Contact us today for a consultation.