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Back board but no contract....

This is a discussion on Back board but no contract.... within the Horse Law forums, part of the Horse Resources category

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        07-23-2013, 05:30 PM
      #11
    Foal
    Its about $1200. I've tried looking things up online but short of calling lawyers I can't really find anything. Wanted to get more input before doing so. Are there statutes for like time frames to file? Its at least 1yr to 1 1/2 years past due, is it possible to wait too long to file?
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        07-23-2013, 05:33 PM
      #12
    Showing
    Kansas' statute of limitations for debts is 3 years whether it be written or oral, so you're still within the time limit if you want to file.

    $1,200 is a chunk of change, but it's under your state's small claims court limit ($4,000), so you might want to try that route if it's feasible.
         
        07-23-2013, 05:42 PM
      #13
    Trained
    If you talk to your county's clerk of courts, they will explain the small claims process to you. One of the purposes of small claims is to avoid lawyers...
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        07-23-2013, 05:47 PM
      #14
    Foal
    I know to file a small claims here its $150-200 I believe. What real chance of winning do I have?
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        07-23-2013, 05:49 PM
      #15
    Trained
    Quote:
    Originally Posted by Serenity06    
    I know to file a small claims here its $150-200 I believe. What real chance of winning do I have?
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    I'll go out on a limb based on my small claims experience and say you'll probably win. If the other party is out of state, they probably won't even show and you'll get a default judgement.
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        07-23-2013, 05:54 PM
      #16
    Foal
    Thanks guys! I have a call in to an equine attorney here, just waiting on a call back. I just like getting input from these sources too :)
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        07-23-2013, 05:56 PM
      #17
    Trained
    I would just walk away. She's owed you for over a year, so it's not making the difference between whether your horse eats or not and carrying around the anger at her is doing more damage than good. Even if you get the judgement, chances of collecting are very slim. Not to mention, she owes you $1200, you have to file, another $150-200, and because she's out of state you'll have to pay someone in her state to serve her, another $50 or more, then a day in court so lost wages, gas money and probably eating out at a restaurant. You're also looking at various postal fees to send all the certified, return receipt letters you'll need to send to show how you've done your due diligence on collecting the debt.

    Sounds like throwing good money after bad to me.

    I'm not just talking to hear myself speak either. I went and got 3 mares from a client in KS, brought them down to my ranch for breeding, fed them back up to a healthy weight, bred them and sent them home in foal. I ended up getting stiffed for over $2500. I wrote it off as a loss. No point in wasting time & money when my chances of actually getting paid are slim to no good.
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        07-23-2013, 06:08 PM
      #18
    Foal
    Oh wow! I'm sorry you went through that! I completely understand what you are getting at.
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        07-23-2013, 06:42 PM
      #19
    Trained
    No contract...no proof.
    I think your better off just forgetting about it and writing this down as a lesson learned.
         
        07-23-2013, 08:20 PM
      #20
    Trained
    Quote:
    Originally Posted by Serenity06    
    Oh wow! I'm sorry you went through that! I completely understand what you are getting at.
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    Unfortunately, it's frequently the "price of doing business". And, since horses are a total luxury, when times get tough the horses end up getting shorted and their bills are the ones that don't get paid. You can't take it personally, you just have to kind of have a bit built in to the board bill so that it doesn't keep you from being able to feed your own horses if a boarder stiffs you on theirs.

    In the future, if you ever board a horse again, get a good contract and don't allow the horses to be removed until the bill is paid in full. Possession is 9/10 of the law and if you have them on your property and have to go to court, the judge is likely to award you the horses and you can then sell them at auction (this is required in many states). That way you can recoup SOME of what's owed, though in today's market......it's not worth the bother to me.
         

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