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Being Sued

This is a discussion on Being Sued within the Horse Law forums, part of the Horse Resources category
  • How to deal with being sued forum
  • Countersuing for attorneys fees in horse case

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    07-25-2012, 03:43 PM
  #11
Green Broke
This is more subbing purposes as I would like to see the outcome. You've got some good comments from the members to help you follow up on things. I'm not from your country so am unfamiliar with the legal system (heck I don't even know my own country's) but an initial consult with a lawyer is probably the way to go and he/she should be able to give you some advise on whether you tackle him in court if your case looks strong or pay out to minimize your costs (which sucks I know). Have you touched bases with the vet that's been sued? Is there an opportunity for a joint defence (if that's legally allowed)?
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    07-25-2012, 03:50 PM
  #12
mls
Trained
Quote:
Originally Posted by freedomfoundfarm    
I was served with papers being sued ...me and the vet last week...trying to find a lawyer that wont break my bank =(
Our benefit plan at work has a hotline we can call for legal advice. Maybe check into that?

Your vet may be able to recommend an equine versed attorney too.

You can always countersue to ensure your attorney fees + are covered.
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    07-25-2012, 04:04 PM
  #13
Foal
HInd sight is 20/20 and I wondered asbout the scam as well. He paid $3000 for the horse and is now suing me for $25,000!!!! I feel soooooooooo stupid and decieved =( He asked for and spoke directly with the vet on the phone as well before we delivered the horse too. I begged him to come ride the horse but he kept saying he was in NY on a business trip....FYI he is SVP for the "Medicine's Company" and told me he will spend whatever it takes to make me PAY for this!!! I have multiple threats via phone message, texts and emails from him. He filed in MY home town. He lives in GA and hired an attorney who lives in TN 3 hrs from me....it all just seems sooooooooooooo wrong.
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    07-25-2012, 04:07 PM
  #14
Green Broke
Send him a letter back saying you will see him in court. This case will never see the light of day. They will start sending settlement offers soon. I would still counter for legal fees though.
     
    07-25-2012, 04:14 PM
  #15
Weanling
Quote:
Originally Posted by freedomfoundfarm    
HInd sight is 20/20 and I wondered asbout the scam as well. He paid $3000 for the horse and is now suing me for $25,000!!!! I feel soooooooooo stupid and decieved =( He asked for and spoke directly with the vet on the phone as well before we delivered the horse too. I begged him to come ride the horse but he kept saying he was in NY on a business trip....FYI he is SVP for the "Medicine's Company" and told me he will spend whatever it takes to make me PAY for this!!! I have multiple threats via phone message, texts and emails from him. He filed in MY home town. He lives in GA and hired an attorney who lives in TN 3 hrs from me....it all just seems sooooooooooooo wrong.
Hmmm....

I wonder if he is trying to scare you into settling the lawsuit by refunding all his money? Or if he thinks you have deep pockets?

Can you contact Tennessee Consumer Affairs? 1-800-342-8385
See if they can direct you to someone who can help defend against this (possible) scam...
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    07-25-2012, 04:17 PM
  #16
Foal
Save every message he sends you!!!!
Do not respond to him in anyway!! Call an attorney and ask for a reference to an attorney familiar with equine law. Don't post any more case specific information on this forum about him or this deal. No one here can help you stop this guy from railroading you into court for what appears to be a fraudulent transaction. When you file your counter charge be sure to file for court costs as well.

Get Professional Help Now!!
     
    07-25-2012, 04:36 PM
  #17
Trained
And stop discussing this with anyone other than YOUR attorney. Anything you say and or write about this can be used in court and can come back to bite you. From now on, no comment and when he tries to talk to you, threaten you via e-mail or cell phone, refer him back to your attorney and refuse to talk to him. Only answer you give from her on out is "My attorney is......XXXXX, his phone number is...XXXXXX, do not contact me again, all discussion and correspondance is to be handled by attorney(s)." And don't get sucked in, period.
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    07-25-2012, 05:04 PM
  #18
Green Broke
Dreamcatcher, Joe4d and Joesmom have very good points -- please ignore the questions in my response. Stay strong, don't panic and you will survive this. I await the post, though, that says all is resolved when the time comes.
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    07-25-2012, 05:09 PM
  #19
Started
I'm with the others - tell him to speak with your attorney at any time he tries to contact you. He is trying to intimidate you, and as the others have said I believe this was a scam from the getgo. I know hindsight is great, and you are kicking yourself for going through with it after the initial hesitation; but what is done is done and you can't change it. All you can do is follow the proper channels and trust that karma is going to kick this man's butt.

If you have done nothing wrong, and the vet has done nothing wrong, you have nothing to be afraid of. As was mentioned, keep record of EVERY text, email, call. Keep a journal of do not miss a beat. Make sure when you do go to court that you look for your legal fees.

I do wish you the best of luck, and I hope you can eventually come back and let us know that you sorted out this scheming toad.
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    07-25-2012, 05:46 PM
  #20
Green Broke
He cannot possibly sue you for $25000 on a $3000 horse.

Are you sure he is really SVP at that company it is easy to look up.
     

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