Legal Question in Credit and Debt Law in Ohio

Seizure of property upon non-payment of debt

I own a horse boarding facility. Boarder owes $1140 past due board (4 months, plus misc charges). We have boarding agreement signed with boarder with remedy clause for non-payment which is lien on horse. Boarder has been called, sent a registered letter, with return receipt requested which was not picked up. Boarder has made no attempt to contact me and has not been to barn in the past 4 1/2-5 months. In the state of Ohio can I obtain ownership of horse in order to sell and re-coup monies owed me? What court do I go to, small claims? Thank you.


Asked on 3/04/04, 10:10 am

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Seizure of property upon non-payment of debt

Small claims would be available only to sue for the damages. You would have to go to common pleas court to try and enforce the agreed lien, although your chances of success depend on the language of the lien. Service of the complaint on the defendant will be critical.

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Answered on 3/13/04, 9:07 pm


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