OklahomaHorses Magazine January 2022

January/February 2022 • OklahomaHorses 25 by Mary Westman, Esq. I recently paid a visit to the racing trainer who keeps and trains the racing Quarter Horse fillies my husband and I co-own with other folks. I am happy to say all was in order, and our fillies are making steady progress! While I was there, I asked the trainer what equine law–related topics she would be interested in reading more about, and the first topic she quickly offered was, “What can I do when clients just stop paying me for training and keep?” Dealing with the thorny issue of delin- quent accounts comes up fairly often in my equine practice, and back in 2019, I wrote a short article highlighting the basics of the Oklahoma stable-keeper lien and foreclo- sure laws. The situation can be even more challenging if there is no written training agreement between the parties. Relying on a jumble of texts and Facebook messages to prove that the agreement for training was to include your training fees and other costs is a bad position to be in. In short, if you are holding yourself out as a professional trainer, then it would be worthwhile and prudent to have a professionally drafted training agreement. Now back to the question of what you can do if clients just stop paying for training and keep. Other than my ad- monishment to always use a professionally drafted training agreement, the next general advice is to not let folks get too far in arrears. Act early, such as imposing interest and/or late fees that are written into your training contracts. The interest and late-fee terms are there to deter tardiness, so use them! Letting folks slide on making their payments without penalty starts you down a slippery slope. Finally, there will be occa- sions, hopefully few and far between, when utilizing the Oklahoma stable-keeper lien and foreclosure laws may be necessary. Most equine trainers and stable keepers know Oklahoma law does provide for a stable-keeper lien on related horse(s), tack, and equipment designed to compensate them for unpaid board, keep, and/or training. However, it is not well known that to foreclose on such a lien, a statutory process must be followed, and the steps to be followed are largely (but not solely) dic- tated by whether or not the equine service provider retains possession of the horse(s). While it’s not impossible to recoup board and training expenses if you have let the horse or horses leave your possession, it is a much more difficult and costly process for you than if you had retained possession of the horses. With that in mind, the best option would be to retain possession of the horses. The lien is created by statute once the account becomes past due. So if you find yourself in need of acting via the Oklaho- ma stable-keeper lien i and foreclosure laws, make sure you understand all the necessary steps and notices required to foreclose on the lien before you head down that process. It is essential to follow each and every step, as well as the time frames dictated by law. If you fail to properly follow the law, you could find yourself subject to civil liability in favor of the horse owner debtor. So to recap: Don’t provide board and train- ing services without a written agreement.
 Don’t let folks get too far in arrears. Act early such as imposing interest and/or late fees that are written into your training con- tracts and meant to deter late payments. Make sure you are absolutely clear on the Oklahoma stable-keeper lien and foreclo- sure law or seek the advice of an attorney familiar with the process! This article does not constitute legal advice and is intended to be used for educational purposes only. ABOUT THE AUTHOR MaryWestman is an Oklahoma attorney with an M.B.A., Quarter Horse and Morgan horse breeder, and registered nurse. A native of West Virginia, she now lives with her husband, David, in Norman. She can be contacted at mpwestman@perridunn.com © Mary Westman 2021. All Rights Reserved. i Every person who shall keep, board or train any animal, shall, for the amount due therefor, have a lien on such animal, and on any vehicle, harness or equipment coming into his possession there- with, and no owner or claimant shall have the right to take any such property out of the cus- tody of the person having such lien, except with his consent, or on the payment of such charge; and such lien shall be valid against said property in the possession of any person receiving or purchasing it with notice of such claim. Okla. Stat. tit. 4, § 193. Oklahoma Stable-keeper Lien and Foreclosure Laws