QUESTION
I have a question about filing or enforcing a possessory lien in the state of AL.
Asked on Jul 22nd, 2012 on Business Law - Alabama
More details to this question:
I run a horse boarding stable. I have a boarder who left the state with no notice owing $1300 in back board. She left her horse, her tack, and her RV on my property. I have informed her that she will not be allowed to claim any of her property or her horse until she pays her bill, but I''ve also given her a 30-day deadline before I seize her property for sale to recoup her debt. She is supposed to be making a partial payment to get her horse (who is lame and, therefore, worthless for the purpose of paying her debt) but insists she will not be able to come up with the balance of the debt to reclaim her RV (my best bet for recouping what she owes). What steps do I need to take to seize her RV so I can sell it?
1 ANSWER
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My understanding is that, at least in Alabama, it will be virtually impossible for you to foreclosure your possesses lien on the RV without filing a lawsuit. There are two reasons for this: first, Alabama requires a valid motor vehicle title in order to transfer clean ownership of a vehicle, and you can't do that; second, and perhaps more importantly, Alabama law does not recognize a possessory vehicle lien for services rendered in relation to a horse. Indeed, this might be a difficult claim to assert in any state.
So, cut your losses, sell the horse for whatever you can get for it after the expiration of the notice period, and keep the RV until you get paid. Or start a lawsuit, but chances are that won't get you paid any faster or net you any more.
Answered on Jul 22nd, 2012 at 9:37 AM