If I had someone boarding a horse at my farm is it true that if there is nonpayment after 2 months can I sell the horse for the board money? I am in the state of Wisconsin.
Country relating to Question: United States
State (if USA): Wisconsin
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.That is correct. I have included the applicable law below for your reference.779.48. How such liens enforced...(2) Every person given a lien by ss. 779.41 and 779.43(3) may in case the claim remains unpaid for 2 months after the debt is incurred, and a person given a lien under s. 779.42(2) may if the claim remains unpaid 90 days after the lien is perfected, enforce such lien by sale of the property substantially in conformity with ss. 409.501 to 409.507 and the lien claimant shall have the rights and duties of a secured party thereunder. When such sections are applied to the enforcement of such lien the word debtor or equivalent when used therein shall be deemed to refer to the owner of the property and any other person having an interest shown by instrument filed as required by law or shown in the records of the department of Transportation, and the word indebtedness or equivalent shall include all claims upon which such lien is based._____________________________Before you can enforce your lien, you must perfect it with a financing statement. That process is found in sections 409.501 to 409.507. If you go here, you can review those sections.https://docs.legis.wisconsin.gov/frame/statutes/statutes/779/IV/43/3_____________________________To sell the collateral, you must do so in a commercially reasonable manner.409.610 Disposition of collateral after default.409.610(1) (1) Disposition after default. After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.(2) Commercially reasonable disposition. Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.Please click 'Reply To Expert' unless you consider this dialog complete and you are 100% satisfied with my service (not the website or the situation). If you are ready to rate my service, selecting anything less than 3 out of 5 will negatively affect my rating. Thanks.Nate
Let's keep the questions all on one thread to make sure everything is fully answered.Also, please rate my assistance so far so I get credit for helping you.There is no requirement to sell the horse. You can keep the horse and keep accruing boarding fees and expenses.
Over 8 years of legal practice.
do I have the right to keep the horse on my property until all fees are paid?
Yes, you do.
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