Unpaid vet bill, storing tack for former boarding customer

[momma_2_four]

We were boarding a horse for a couple for $75/month. They were also storing their tack, feed, grooming supplies, etc on site. They stopped paying board in June. In August, I finally tracked the woman back down via facebook. Her phone was disconnected, no response from her email account, and her mail was returned. She gave me a sob story and I gave her the unpaid months plus an additional 3 months (total of 6 months) for her to get back on her feet, times are tough and I'm a total softy. Besides this is a large animal, what else was she gonna do with it!

On Sept 16th, her horse showed signs of colic. Again the (new) number I have for the owner is disconnected. I sent her emails and tried to contact her through facebook. Even messaging her friends she had recently had contact with, asking them to tell her to call me due to an emergency. Approximately 10 hours later when there was nothing more we could do for the animal, she finally called back. During that time, I had opted to give the horse pain killer to help her be more comfortable, but knowing the owner's financial situation, I declined the only treatment that could have saved the animal, surgery. At this point it was just a matter of allowing the owner to say goodbye and to put the animal down. I had to take the day off work to deal with the horse and vet. The owner finally found a ride to our farm and authorized euthanasia. She did not, of course, bring her purse with her to pay the vet.

We have a signed contract with the owner to provide vet care based on our judgement in the event we are unable to contact the owner. The owner is to reimburse the vet or us, as appropriate, within 15 days. Before she had left after her horse was euthanized, I had given her copies of the receipt from the vet & given her the expected disposal fee amount. She said she would be out the next week to claim her tack & things as well as to pay her bills with us. In Kansas, I know with livestock you can essentially put a lien on the animal for anything owed, but since the animal is no longer alive we cannot recoup our loss this way. It is also part of the boarding contract the owner signed with us.

The only means of contact I have with her is via facebook. I let her know what the total bill was and let her know she would need to arrange to pick up her tack as we keep it in a locked building (recent break ins having forced this). She said she would try to find a ride and be out. We didn't hear from her again. We are coming up on 30 days. So I contacted her again via facebook and suggested the option of her trading the items she left in lieu of the cash she still owed us. She responded that she could not because some of the tack was not hers. But she would work on getting the money together and getting a ride.

What she owes us is not an horrific, outstanding amount. But times are tough. $250 is what she owes. The tack she left is roughly worth about that amount. Although, less if sold now instead of a few years ago or a few years into the future. If (when) she fails to come up with the money for the vet bill, can we sell the tack to recoup some of our money? And if we can, does this require us to go to small claims court or does this fall under abandoned property?

 

[army judge]

Abandoned property in Kansas: (bear in mind, you weren't a landlord - this might not apply to you)

Kansas

§ 5-2565


The landlord may take possession of the property, store it at tenant's expense, and sell or otherwise dispose of it after 30 days. At least 15 days prior to the sale or disposition, the landlord must publish notice of his intention at least once in a newspaper of general circulation in the county where the dwelling unit is located. Within seven days after publication, the landlord must mail a copy of the published notice to the tenant at his last known address. The notice must include the tenant's name, a brief description of the property, and the approximate date on which the landlord intends to sell or otherwise dispose of it.

During the time the landlord has possession, the tenant may redeem the property after paying the landlord for holding and preparing the property for sale and for any other outstanding debt, including rent.

Any proceeds from the sale or other disposition of the property must be used to offset (1) reasonable costs to store the property and prepare it for sale or disposition, give notice, and sell or dispose of it; and (2) any amount the tenant owes the landlord. The landlord may retain any residual.

http://www.cga.ct.gov/2006/rpt/2006-r-0164.htm

This explains small claims in Kansas.
But, your loss is only $250.
This might not be a financially attractive option.

It costs $51.00 in your state to file a case, plus whatever service fees the sheriff charges, probably another $25-75.
Besides, your debtor is broke, busted, and unemployed.

Even if you win, she has nothing you could attach (levy against) to get some money!

REQUIREMENTS TO FILE A SMALL CLAIMS COURT CASE:

Restrictions that apply to small claims cases:

Claims for money or property must be less than $4000.00 in value.
A person filing must be 18 years of age, or be represented by someone 18 or over.
The person being sued must be 18 years of age.
There cannot be more than twenty (20) small claims cases filed by one individual or business in this court during any calendar year.

There are two different filing fees required to file or begin a proceeding in small claims court. The filing fee for a claim of up to and including $500.00 is $51.50. The filing fee for filing a claim from $500.01 to $4000.00 is $71.50.

The person filing the case must fill out a form called a Petition. This form is provided by the Clerk of the District Court office. The Petition has to be signed before a Notary Public or one of the employees in the Clerk of the District Court office.

The person being sued must be able to be located so they can be legally served or given an official summons (or notice to appear) in court. It is your responsibility to furnish the address to the Clerk's office.

HOW DO I FILE A SMALL CLAIMS CASE?

If your claim meets all of the requirements above, you should go to the Clerk of the District Court office in the appropriate county and ask to file a small claims case. You will be given a Petition to complete stating your claim. The form may either be typed or hand written. If the form is hand written, please print so that the information is readable. Upon signing the Petition before a notary public or someone in the Clerk of the District Court office and paying of the filing fee as required, a hearing date is scheduled. A Summons and Defendant's Claim will be issued to the sheriff for service on the defendant. There is a $5.00 sheriff's service of process fee. A separate check or money order made payable to the County Sheriff's Office must accompany your petition. Do not combine the sheriff's fee with a check or money order for the filing fee, which is to be made payable to Clerk of District Court.
If you settle the case before the hearing date, notify the court at once so that the case can be dismissed.


YOUR DAY IN COURT

The proceedings in small claims court are conducted informally by the judge. Bring whatever evidence, documents, or other proof you need to support your case. You may subpoena witnesses and you or the judge may question them about the case. A $10.00 witness fee and mileage must be paid to subpoena a witness to insure a witness' appearance in court. There is a $5.00 sheriff's service of process fee that must accompany the subpoena. For each witness being subpoenaed, a check or money order made payable to County Sheriff's Office must be provided by party wishing to subpoena witnesses. The defendant will also be allowed to present their side of the case to the judge. If the defendant has filed a counterclaim against you that will be heard at the same time. The judge may make a decision immediately after hearing both sides or he may continue the case to another date. If the defendant was served and does not show up for the hearing, the judge may declare the defendant to be in default and award judgment to the plaintiff.

COLLECTING YOUR MONEY OR PROPERTY

The Judgment Creditor is the person or business who has won the case. The Judgment Debtor is the loser of the case. A copy of the Journal Entry of Judgment is furnished to the Judgment Creditor and the Judgment Debtor. A form entitled "Judgment Debtor's Statement of Assets" will be attached to copy of the Journal Entry of Judgment, which is given to the Judgment Creditor. If the judgment is not paid or taken care of within 15 days, the copy of the Journal Entry of Judgment with the attached Judgment Debtor's Statement of Assets form is to be mailed by the Judgment Creditor to the Judgment Debtor by mail. The Judgment Creditor needs to obtain from the Post Office a certificate of mailing form (P.S. Form 3817). This form needs to be filed in the office of District Court to show the date that the forms were mailed to the Judgment Debtor. The Judgment Debtor has 30 days from the date of mailing to either pay the judgment or complete the form and return it to the Clerk of the District Court office. If they do not complete the form, at the request of the Judgment Creditor, the Judgment Debtor will be summoned back to court. This form is used to help collect the judgment by issuance of garnishments against wages or a bank account.
The Judgment Debtor (loser) has 10 days after judgment is entered to file an appeal in writing to get a new hearing from a different judge. The Clerk of the District Court does have a Notice of Appeal form that you may complete. The filing fee for a small claims appeal is $178.00. Someone appealing a small claims case or attempting to collect a judgment granted in a small claims case does have the right to hire an attorney to assist them.


http://www.kscourts.org/dstcts/4claims.htm