Q: A mare was bred to my stallion last year and I have confirmed that there is a live foal on the ground, but the mare’s owner still has not paid his stud fee. I have been unable to contact the mare’s owner. How can I get him to pay me?
A: If the foal is between 5-10 months of age, the stallion’s owner has a stock breeder’s lien on the foal under Chapter 70.201 of the Texas Property Code. If the stud fee owed is less than $10,000 (the limit for JP/Small Claims court in Texas) he should bring suit in JP court in the county where the mare’s owner resides. The stallion’s owner should ask the judge to award him the amount owed for the stud fee or, in the alternative, order the foreclosure of his lien under Chapter 70. Foreclosure of the lien would mean a writ would be issued for the sheriffs to seize the foal so he can sell it at public auction.
