Need advice (and fast!!) -- Attempt to move out amicably is failing :( - Page 3
 
 

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Need advice (and fast!!) -- Attempt to move out amicably is failing :(

This is a discussion on Need advice (and fast!!) -- Attempt to move out amicably is failing :( within the Barn Maintenance forums, part of the Barns, Boarding, and Farms category

     
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        01-28-2011, 04:35 PM
      #21
    Weanling
    Sorry, I should have clarified. He may be asking for cash because he doesn't trust that a personal check won't bounce once you move the horse out. Get a cashiers check, make a copy of it for yourself, and he can take it or leave it.
         
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        01-28-2011, 04:36 PM
      #22
    Banned
    Quote:
    Originally Posted by Zimpatico    
    Sorry, I should have clarified. He may be asking for cash because he doesn't trust that a personal check won't bounce once you move the horse out. Get a cashiers check, make a copy of it for yourself, and he can take it or leave it.
    I think you were clear, but I still wonder, can you prove that he cashed it?

    Is there a comment line on a cashiers check?


    If you put paid in full and he cashes it he is accepting that as his full payment.
    That is why I ask.
         
        01-28-2011, 04:39 PM
      #23
    Foal
    ETA - if he never deposits it then he has not been paid. But once you have the horse off his property he has to rectify his financial issues with you by taking you to civil court. (Small Claims)[/QUOTE]


    Right, that is what concerns me.... I don't want to have to talk to him if I can avoid it =/
         
        01-28-2011, 04:41 PM
      #24
    Weanling
    The bank where you purchase the cashiers check received the cashed check back from any bank where he deposits it. They will have proof that it was paid if needed. The question comes if he chooses not to cash the check, which is why I said make a copy of it before giving it to him. Now, if he refuses to accept it, leave with your mare, and send the check in an overnight UPS package, with the adult signature required option checked. This will give you proof that payment was delivered to him.
         
        01-28-2011, 04:43 PM
      #25
    Foal
    Oh that's a GREAT idea, Zimpatico! That is exactly what I'll do.

    Thank you SO much everyone!! I was so stressed out about this :(
         
        01-28-2011, 04:45 PM
      #26
    Weanling
    And, make sure you write in the memo, final payment for board.
         
        01-28-2011, 04:48 PM
      #27
    Banned
    I would think if you have witnesses that you left it (in a place where it was safe and it was normal for you to be leaving payment to him) that would be fine.

    I do like the mailing idea, though you have to get him to sign for it, and that can be a challenge.
         
        01-28-2011, 05:17 PM
      #28
    Green Broke
    Just have him sign a carbonated receipt with a witness that you gave the cash. We do it every time we sell something.
    Posted via Mobile Device
         
        01-28-2011, 10:36 PM
      #29
    Foal
    This has gotten so much worse... when my dad started talking to him he started suddenly throwing out all of this crap about my age (I'm 20) and how I'm lacking in life experience and have made a frivolous decision to move my horse and have created a problem for myself, my parents, and him. I am not frivolous. I am intelligent and incredibly mature, and my decision to move my horse is not only not his business, but also in the best interest of my horse for several reasons. I also am not stupid. I know what I owe and I know how to read a contract. I have been nothing but professional with him and he is treating me with the utmost disrespect and behaving as though I am a child. In addition, the ONLY reason my parents are involved at this point is because it is THEIR money, not mine. I am not having my daddy fight my battles for me. He has chosen to take matters into his own hands because this is technically HIS legal/financial battle, not mine. Now this guy is continuing to demand a full month's rent or he will sue my family in court. He has also threatened to call the sheriff if I try to take my horse. I'm at my wits end... Although he has no grounds for his argument (he even stated himself, in an email to my dad, that he knows his board agreement does not explicitly state everything that he is now arguing, but it is implied. IMPLIED??? You don't get to "imply" things on a legal document. I'm old enough to know that much), I still feel like crying and running away with my tail between my legs. :(
         
        01-28-2011, 10:44 PM
      #30
    Yearling
    Honestly, it sounds like he is trying to scare you into paying. The amount of money he might get if he won in court would not be worth the time/money/effort spent to get it. If you stand your ground and continue as planned, he will most likely give it up once you are gone.
         

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