What is Considered Equine Abandonment

[frustratedlee]

My question involves animal law for the State of: Michigan.
Back in December I had a woman contact me because she was looking for someone to sell her horses to. I agreed to bring them to my property but told her I could not pay her right away. After a week or so, we came to an agreement to trade services for the horses. After another week she changed her mind and became very harassing and threatening. I told her to come and get the horses or I would charge her for board starting on the day of the notice to pick them up. I received an email from her stating that she was refusing to pick up the horses. I did find out from a police officer that I have the right to charge for board since she would not come get them. My question is: Does the 90 abandonment law apply if I have proof of refusal to remove the horses? I have also placed a question in the defamation section of the site because she has contacted animal control and the police stating that I am abusing and/or neglecting the horses. I have contacted an attorney but don't have the retainer fee that they require.

[Mr. Knowitall]

What's the citation for the statute you're looking at?

[astclair]

Each state has different variations of the definition of "abandonment", however, if you have it in writing that she refuses to pick up "her" animals (are you for certain they were hers to begin with and not stolen?) than that would most likely qualify as abandonment. Here is the tricky part since you don't have a boarding contract: You must send her a certified letter stating the terms of the board with a contract giving her the option to pay or pick up; you must also state that if she isn't going to pick up them up or pay you have the right to sell to recoup fees - unfortunately the start date on the fees can be complex since you only had verbals. If she doesn't sign the for the first letter, have her served - local sheriff is the best as he can be used as a professional witness should you end up in court. If she does sign the first, you've had to have given her time to comply; if no compiance - sell the animals, but please don't sell them or turn them over to an equine rescue if possible so they don't end up in slaughter.

I used to run a non profit equine rescue and ran across this type of thing all the time. Most of the time law provides a 30-90 day window for an owner to take responsibility otherwise they forfeit. Good luck.