Originally Posted by jaydee
If you have all the proof that you have made payments to her she has no chance of winning in court- and with no contract she actually can't claim that you owe her anything at all. An agreement to pay for services has to be in writing and signed by both parties as far as I can see.
The horse is your property, it belongs to you. If she wanted to claim the horse in lieu of missed payments she surely has to go through a legal process to do this
Go get your horse with some bolt cutters and leave her a new padlock. If she feels that you owe her money then she can then go through the correct legal system to do that - that is she has to establish how much you owe her with evidence of that and you get the right to challenge her with your evidence. If you lose you pay up in cash - not with a horse
Since the horse is legally yours and she has no evidence to support that you owe her anything you could go to the police and tell them she has stolen it - which in point of fact she has
One thing to consider here is that all the time she has possession of your horse does she feel she should have the right to charge you board for it?
I tried to file a stolen horse report but because of the 2008 contract that I rescended verbally, The officer said I couldn't file it. He wanted to, but his supervisor said no. They said it was a civil matter to handle in court. Then, the cop contacted me yesterday telling me there was a civil statute that said she couldn't do what she was doing, but the person that told him about it couldn't remember the number and that is why I posted here to try to find it.
I went and got all of the cancelled checks from the last year that I actually hired her to board, so I have that, but I have no proof I verbally rescended the 2008 contract. However, the contract was to sell him and give me the proceeds and she never did. She claims that in the contract, I owe her for boarding him, but he wasn't with her during the contract, he was at another location keeping that dying horse company.