Can They Take Him?
 
 

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Can They Take Him?

This is a discussion on Can They Take Him? within the Horse Boarding forums, part of the Barns, Boarding, and Farms category
  • Can you hold registration papers on an equine until you are paid your boarding invoice
  • Is giving a horse away as a gift and then taking it back breach of contract

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    08-05-2013, 01:41 AM
  #1
Weanling
Can They Take Him?

This is what happened to my horse because of greedy barn owners. That is what a stall looks like in this barn. I have made arrangements for him to move because I found out I was being lied to. I was shocked to see my horse lose so much weight.
They said they will NOT let me take my horse unless I pay them $60 + $240 because I'm leaving less than 30 days of the notice. Is the boarding agreement broken because they didn't hold up their end of the deal by not taking care of him as described in the agreement? Can I just load him up and leave?


     
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    08-05-2013, 01:45 AM
  #2
Yearling
You can TAKE your horse either way. Go with a sheriff if you are afraid there will be problems, or pick him up when they arent home. If you have a boarding contract and can prove they failed to uphold it, you may not owe them ****. Either way take your horse and either pay up or wait for them to sue.
     
    08-05-2013, 01:58 AM
  #3
Weanling
I have so much proof. I have messages from them saying he gets fed twice a day and turns out he isn't getting fed at all. I just found this out the other day and as soon as I learned about it I made arrangements to move him. I'm afraid they will either hold my horse or tack because of a "right of lien". I will contact the police tomorrow and see if they will go with me to get my tack and horse.
     
    08-05-2013, 02:11 AM
  #4
Trained
Quote:
Originally Posted by rissaxbmth    
I have so much proof. I have messages from them saying he gets fed twice a day and turns out he isn't getting fed at all. I just found this out the other day and as soon as I learned about it I made arrangements to move him. I'm afraid they will either hold my horse or tack because of a "right of lien". I will contact the police tomorrow and see if they will go with me to get my tack and horse.
Go get your tack and take it home, take everything but a halter and lead. Then go back with a trailer and attempt to take your horse, with all paperwork in hand. Contract and either your cacelled check for this month's board or a receipt showing that you're paid in full, e-mails, before and after pics. If they don't want to let him go, call for a Keep The Peace or Civil Standby with your local police or sheriff. If you're current on your board and don't owe them anything, they cannot hold him, period. Once he's out, they can take you to small claims court, just keep all your documentation in a safe place. Most likely they won't bother.

I wanted to add, make sure you take proof of ownership... a bill of sale, registration papers in your name, whatever you have that shows you are the owner.
     
    08-05-2013, 02:21 AM
  #5
Weanling
I do not have receipts I have always paid in cash and they never wrote a receipt. I owe them $75 in board and I am paying them Tuesday when I go to get my horse.
I do have proof of ownership though.
     
    08-05-2013, 02:27 AM
  #6
Foal
For future reference, always get a receipt for payment of a bill especially when paying with cash. Paying with a check is better than cash because you can always show that it cleared the bank.

People have really bad memories when it comes to bills that are paid to them in cash. All they have to do is pocket it and not make a note of it. Checks have to be dealt with therefore causing a better memory of it though not much better. That only helps if they are honest.

Good Luck and be safe.
     
    08-05-2013, 03:18 AM
  #7
Weanling
Id be taking an ASPCA officer up there with you. That will get things done.
     
    08-05-2013, 04:47 AM
  #8
Green Broke
Can I ask how long it has been since you have seen him? He didn't get in to that state overnight.

If you have a copy of a contract signed by both parties stating everything that was supposed to be included in your board then you can prove they broke the contract first and you owe them nothing. If you don't have a copy of the contract then the waters are a bit muddier.
     
    08-05-2013, 05:06 AM
  #9
Trained
How long was it since you checked that horse? Oh my, he has been neglected!! Was this a self board type place and no one showed up to feed this poor animal or clean his stall? Whatever the case, please stop this horse's suffering!
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    08-05-2013, 05:42 AM
  #10
Started
Get him out yesterday. I'm surprised you let him become so far gone before deciding to remove him from the situation, have you not been able to get to the barn?

Bring a truck and trailer, friends or police if you have to. Have someone grab all of your tack while you're loading your horse, get in the truck and drive away. Have your proof of ownership in hand, pay them what you owe them and get out. IMO if a horse has been neglected there's a breach of contract right there and you no longer owe the barn 30 days' notice. If they can't keep up their end of the deal, you don't have to keep yours. Pay the last of your board in check and don't look back.
     

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