Back board but no contract.... - The Horse Forum

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post #1 of 36 Old 07-23-2013, 04:43 PM Thread Starter
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Back board but no contract....

Is it possible to sue an ex boarder for the unpaid back board when there is no contract at all? I'm in Kansas if that makes a difference.....
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post #2 of 36 Old 07-23-2013, 04:47 PM
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You can try, but without anything in writing to prove you're owed the money you're more than likely going to lose, and then will be out court costs as well as the unpaid back board.
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post #3 of 36 Old 07-23-2013, 04:51 PM Thread Starter
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that's what I was thinking..... I do have a piece of paper with all the months added together for the money owed and her signature.... Its NOT a contract, just off a note pad. Would that hold up at all?
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post #4 of 36 Old 07-23-2013, 05:05 PM
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Your word against theirs. I would check your local laws about putting a lien on property (the horse and tack in this case) and perhaps even seek a lawyers advice. A nicely worded letter on a law firms letterhead threatening to sell the horse and tack within 30 days may be enough.
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post #5 of 36 Old 07-23-2013, 05:05 PM
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Quote:
Originally Posted by Serenity06 View Post
Thats what I was thinking..... I do have a piece of paper with all the months added together for the money owed and her signature.... Its NOT a contract, just off a note pad. Would that hold up at all?
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It certainly could. Keep in mind, though, that even if you take it to court and win the judgement, that doesn't mean you'll actually be able to ever collect any $$$s.
Good luck, though.
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post #6 of 36 Old 07-23-2013, 05:06 PM
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Quote:
Originally Posted by Serenity06 View Post
Thats what I was thinking..... I do have a piece of paper with all the months added together for the money owed and her signature.... Its NOT a contract, just off a note pad. Would that hold up at all?
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A piece of paper showing amount owed to you with her signature, sounds like an admission of debt, I am not a lawyer, but sounds like a good case with enough evidence for small claims court.


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post #7 of 36 Old 07-23-2013, 05:08 PM
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DA, it's a former boarder so I don't think the horse or tack is still on the property.

Serenity, is there anything on the paper other than the figures and her signature, such as wording that she agrees this is the amount she owes you? If that's the case, you may have a better chance at suing her. Of course, as Paint stated, even if you win there's no guarantee you'll ever see the money.

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post #8 of 36 Old 07-23-2013, 05:14 PM Thread Starter
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The horse is no longer on the property and they have moved out of state, just 40mins away but out of state. The past due balance is a year past due. All the paper has is the figures and a signature.....
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post #9 of 36 Old 07-23-2013, 05:19 PM
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If it me and the amount was $1000 or less, I would just write it off as a bad debt. More than that may be worth the time and aggravation of trying.
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post #10 of 36 Old 07-23-2013, 05:25 PM
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The horse is no longer on the property and they have moved out of state, just 40mins away but out of state. The past due balance is a year past due. All the paper has is the figures and a signature.....
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Out of State make it more difficult and costly, filing fees, serving fees by the sheriff, etc.
It could cost 100.00 to 150.00 just for the paperwork to start to them, then time off work, travel, etc.


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