Keeping a boarders horse?

We have a boader who has been here over 2 years now and has caused nothing but problems. He’s always late paying his board- if he pays at all. It has now got up to the point of over 3mnths of unpaid board. At the first week of last month we gave him an official notice saying that if he did not pay he has until June 8th to get out. He is being argumentative and is pretty much refusing to leave. He has no money at all and drives a tractor over to our farm now because he lost his house and can not afford car insurance or fix his broken down truck. He has two horses here- a 14 year old QH mare and her yearling filly. Now we like the filly and would take her in trade for the amount owed. Under the inkeeper’s act we have an automatic lean on both horses. Can we keep the filly and kick him and his older mare out to go wherever for amount owed under the inkeeper’s act. How long does he get after being evicted to pay the amount owed before we retain full ownership of the filly and he can not get her back no matter what? We like the filly, we were there for her birth and the owner let us name her. She’s just a sweetie.

Another stable in this area has also used the inkeeper’s act before to seize a horse. The owner who was evicted tried to come back in the middle of the night to get the horse back and the police were called out. They stood by the inkeeper’s act and said that the owner owed the barn manager the money, and that she could not have her horse back unless she paid it. She did not come back again and the barn owner gained ownership of the horse, kept her for a year to use her for his riding lesson program, and then later sold her.

So what do we have to do to keep this filly from leaving? He doesn’t have enough money for one horse, let alone two and we want this filly for payment and to keep and raise as our own. Thanks.