Help! Stable is trying to steal my horse! - Page 4
   

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Help! Stable is trying to steal my horse!

This is a discussion on Help! Stable is trying to steal my horse! within the Horse Boarding forums, part of the Barns, Boarding, and Farms category
  • How to file a case of stealing my horse
  • Can someone keep my horses in lieu of payment

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    09-05-2012, 12:03 AM
  #31
Foal
Quote:
Originally Posted by Chevaux    
Tiggr - I have only questions at this time. When you went to board with her, did you have a written contract of any sort (particularly, a contract that talked about the training aspect)? If you allegedly owe her money, did she ever request it of you (again, particularly in writing)? If she kept the one horse since you allegedly owe her $10k, does that horse have a value of $10k that has been documented? If it is not valued at $10k did she give you any explanation (once again, preferably in writing) as to why she wouldn't keep both horses to try and recoup her alleged losses? Since you said you filed a suit today, you probably should not answer these questions at this time as it may be used against you somehow (I'm certainly no legal person). My purpose in asking these questions is a way of trying to see how it might look from the court's logic in determining the facts and where the strength is in your case.

Stay calm and keep thinking. Best of luck.
I had no contract for her to train him, I never hired her for that. She was a friend so I had no board contract at all, just paid my board fees every month and that was it. She says I owe her for time my horse was not even being boarded with her and training I never hired her for. I paid $500 for the horse and $600 for the one she let me take. She doesn't like the breed my other horses is, but she loves the one she is trying to steal. She never asked me for the money she claims is past due and it all supposedly happened before I began boarding my other horse. If I was 10,000 behind, why would she allow me to bring a second horse in? I have copies of cancelled checks all the way back to when I first started boarding. The whole thing is ludicrous!
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    09-05-2012, 12:40 AM
  #32
Weanling
Honestly? I'd find out how to pick a lock (YouTube anyone?). Get my horse that way and take it. Or y'know, find a way to make it look like your horse spooked and kicked the door and it broke? (oh no!) and then your horse went missing! (aka: home) Gasp! Haha
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    09-05-2012, 10:47 AM
  #33
Started
Try just calling the cops and saying you're going to get your horse but feel threatened so need someone there. Have any proof of ownership in hand. Most of the time they will let you take your horse and make her sue for money owed.
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    09-05-2012, 11:11 AM
  #34
Foal
Tried that. Didn't work. Today she is already threatening criminal charges for trying to get him the first time.
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    09-05-2012, 11:40 AM
  #35
Foal
Quote:
Originally Posted by Chevaux    
Tiggr - I have only questions at this time. When you went to board with her, did you have a written contract of any sort (particularly, a contract that talked about the training aspect)? If you allegedly owe her money, did she ever request it of you (again, particularly in writing)? If she kept the one horse since you allegedly owe her $10k, does that horse have a value of $10k that has been documented? If it is not valued at $10k did she give you any explanation (once again, preferably in writing) as to why she wouldn't keep both horses to try and recoup her alleged losses? Since you said you filed a suit today, you probably should not answer these questions at this time as it may be used against you somehow (I'm certainly no legal person). My purpose in asking these questions is a way of trying to see how it might look from the court's logic in determining the facts and where the strength is in your case.

Stay calm and keep thinking. Best of luck.
The only contract I have with her was from back in like 2008 to possibly sell said horse when I was going through a rough time. She never sold him and then I was able to get my horses back. She went with me to get the one and on our several hour/all day long trip, I told her things were better, I missed my horses, and that I would be keeping them. I no longer wanted to sell either of them. She claims the board is from that, but during that time, he wasn't even on her property to require board. I had loaned him out to keep an old dying horse company on the understanding that all I wanted was for them to feed him and keep him healthy. When he came back, like 2 years later, after that horse passed away, I began paying board on him. In all this time since 2008, she never mentioned anything being owed, it was never on my invoices as past due or even being owed, and she never contacted me regarding it until she found out I was going to bring them home and she would no longer have him at her barn to "use". Then, she started making things up.
     
    09-05-2012, 11:58 AM
  #36
Super Moderator
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?
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    09-05-2012, 12:14 PM
  #37
Foal
Quote:
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.
     
    09-05-2012, 12:17 PM
  #38
Started
I don't know if you read this, but if you have to go to court, you'll find some useful information.

barn owner holding my horses hostage

ETA I'm so sorry you have to deal with all this.
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    09-05-2012, 12:32 PM
  #39
Weanling
Go get your horse. Cut the lock late at night. I would not allow someone to just steal any horse of mine. Get him before she moves him PLEASE!
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    09-05-2012, 12:34 PM
  #40
Foal
Quote:
Originally Posted by Jewelsb    
Go get your horse. Cut the lock late at night. I would not allow someone to just steal any horse of mine. Get him before she moves him PLEASE!
Posted via Mobile Device
she's already threatened to have me and my kids arrested for trying to get him the first time and my kids weren't even with me!
     

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