Legal Question in Civil Litigation in California

Horse Boarding Repo

I have a client that hasen't paid his board in 4 months. My contract states that I can sell the horses for amount owed after 3 mos. I would like to know what form I need to file to get a judgement to do this. We did find a Civil Code 3080-3080.22 that explains some of the info, but not which form to file. Thanks for your help.

Amy


Asked on 9/12/06, 11:32 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Horse Boarding Repo

I would give the client written notice, certified return receipt, and a reasonable time after that to come up with the money. Selling a horse is a big deal, I would think.

There's complaint forms for breach of contract. That would only get you a judgment. Once you get the judgment, you have to jump over some more hurdles to attach or auction the other party's "property," i.e. the horse.

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Answered on 9/19/06, 6:12 pm
Terry A. Nelson Nelson & Lawless

Re: Horse Boarding Repo

Doing this 'self help' risks being sued by the owner. You must follow your contract rules, and the law, in doing this to minimize the risks. Feel free to contact me if interested in doing it right, including upgrading your contracts.

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Answered on 9/19/06, 9:33 pm


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