long story short. Neighbor cant take care of horses. She has a drug problem. My teenage son was feeding them for a couple of months on her property-which runs along side of ours, (no water source. she only came over between midnight and 5 am). She never paid him and we had to buy feed for the most part so her horses wouldn't starve. So....her horses got loose a month or two ago....agricultural sheriff came out and we dint want to see them go somewhere that they wouldn't be together and taken care of right-or run ay risk, (I suppose I should mention that I feel in love with her sorting horse). So.....horses have been at our place-feed bill has gone up around 800/month). They also needed hoof trimming/worming etc. I spoke with local sheriff who said he has "A long history with her" Anyhow, This woman is apparently "homeless" so registered letters wot work. Upon the Sheriffs advice I sent her a text stating she had 30 days to get horses-no response.......imagine this from a woman who was filling horse water with 2 liter soda bottles from our tank.....then just gave up and left their care to us. I have no idea what to do or how to file a lien. I just know that these horses were left for dead and I have to do something. We love them now. Any advice would be really appreciated- thank you.
I'm sure lawyers will be mentioned. Myself? I'd either sell them or keep them. But I would keep reciepts of any and all costs you've incurred. You didn't steal them, you said the sheriff more or less let you take control of them. They know where n how you got them. Posted via Mobile Device
I'm sure lawyers will be mentioned. Myself? I'd either sell them or keep them. But I would keep reciepts of any and all costs you've incurred. You didn't steal them, you said the sheriff more or less let you take control of them. They know where n how you got them. Posted via Mobile Device
I was thinking the same I looked up the laws- I went to law school before I became a nurse and can read them......I suppose I was trying o see if anyone has had issues like this before I pour a bunch of over time into an attorney when possibly I can do it myself? Hopefully do it myself....that's what i should say. Whole situation makes me sick to my stomach........
I agree. I think thats my problem. I think Im scared that if she does quit doing her meth, and comes after us later down the road ......she can take them back after thousands of dollars have been put into them. It really is a bad situation......I put pad locks on the gates.....we really have tried wokring with the woman. Last time she came over she brought some man who literally crapped his pants in the yard because he was going through DT's.....then we got the same old, "Ill bring feed tomorrow I promise" Even the horse shoe-er wrote us out a thing that said they were beyond overdue. two of the three had cracked/overgrow hooves. Im not sure...I just know that these are three special animals well, two special animals, one is actually a 23 year old grump who bites my daughters horse day in and day out, who's more then likely gonna cost us a back how bill when he dies...ROAR...
If anything you need to call your local animal control and talk to them about it. We had a lady in are area that took in some horses after her next door naoughbor lost her house. She did not want to get ride of the horses. So being a kind soul she look them in. The lady said she would bring feed over every week. She brought feed over once and never saw her again. My friend did not have legal rights over the horses, so she could not sell them. After about a year thinking this lady did not want them. My friend got a legal notice in the mail saying she was in trouble with taking the horses.....etc long story short. A friend helping someone, who did not care. Who then spent lots of money feeding the horses, and there care. Became the victum of her own kindness.
People who wind up with other people animals do have protection under the law for compensation. I may be called a Mechanic's Lien, in Ontario it's the Innkeeper's Act. Check with the state/provincial dept of agriculture, country extension agent. The rules are fairly easy to obtain. One these animals enter your property you may have an automatic lien on them. In Ontario one has to publish a notice of debt, namng the person, the amount of debt and the horse's as she called them. State a time limit and name the date. Also state if payment isn't received by that date the horses will be sold at the first public auction. Now, in Ontario, you are entitled to add reasonable fees. Should you retrieve all your board monies and reasonable fees, any remaining must be turned over to the owner. If you wish to keep these horses, get it in writing of the seizure from the sheriff's department. Should the owner show up you have legal claim but don't tell her that. Write down all the expenses and have them handy and demand immediately payment. I promise you she will vanish.
Well, her older one dies this morning. I called her and she said "I can't deal with this" some man got on the phone and said she wasn't in the right state of mind to deal with this. Talked to sheriff-who's familiar-they told me that as far as their concerned horses are mine and to handle the death and farm out or foo whatever with the other two. I said we'd like to keep them and they said that's where it gets sticky. I did look up horse liens and the mechanic lien and will do that my next days off-hopefully she pops up so I can have her served-roar-she's such a pos! Posted via Mobile Device
Take her a bill for disposal of dead horse, and a bill of sale for 100. for the other two. Give her the option of paying 200 to dispose or selling you the other two for 200... she'll probably sell them to you for her drug money, and then you will save yourself thousands in feeding horses that aren't yours, or thousands in legal fees to prove they are...
In California it is called an Agisters lien. Follow the guidelines and get the remaining horse signed over to you through courts.
Send the notice in a Email or text if she has a phone.
Since the horse died while in your possesion just call carcass removal and pay the $$ to get it removed. I dont think it is legal to burn it, and depending on your area, you may not be allowed to bury it. Yeah I just love all the radical people that make ridiculous laws here.
i would print out something like.. I, her name, sign over to your name the following horses , the horses descriptions, in lieu of care, feed and board. I , her name, sign over the horses with no conditions or limitations. if she wants a few bucks , add that in , have her sign and date . be sure to have a copy for her.
from where i see it, she did care for those horses, but obviously left them in your care because she knows they are better off with you. do what you feel is best legally, but know you helped these horses from another ASPCA involvement or them starving. sell them if you have to. it seems like you all have a good heart and taking charge right away shows it. best of luck, just keep in doing what you're doing. the pay off will be worth it.
posting notice is one part of the Agisters lien. But you have many other steps first. Just posting an ad is not legal in California. The owner could sober up come back snd sue or file horse theft , and most likely end up with her horses, pay nothing . I would try to avoid the court system , get her ti sign the horses over .
She will most likely sell them to you for next to nothing. It would be worth the investment. I would get a bill of sell drawn up and take a check and go talk to her. A couple of hundred dollars invested now will most likely save you very expensive legal fees later. She can enjoy using the money for her meth and the horses get to eat food.
I just can't understand why people want to be dead beats and drug addicts. That's another topic though........
I dont think anyone wants to be a drug addict. I think people have made poor choices and get addicted and do not have the will power or mental strength to fight the addiction. Yes, they chose to do the drug to start with, but then the addiction set in . And teh main suppliers of drugs are powerful rich people so there will always be illegal drugs .
Choosing to try meth is choosing to be a drug addict. Anybody that can read or has ever watched a television is aware of this. To say that it is not your fault if you are a meth addict is using the same logic that it is not your fault if you break your neck if you jump off of a cliff. We know the laws of gravity. We know the laws of addiction.
You have to make a decision in this life whether you want to be a loser or a winner.
Status
Not open for further replies.
You have insufficient privileges to reply here.
Related Threads
?
?
?
?
?
The Horse Forum
3.4M posts
92.6K members
Since 2006
A forum community dedicated to horse owners and enthusiasts. Come join the discussion about breeding, grooming, reviews, health, behavior, housing, adopting, care, classifieds, and more!