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This is a discussion on Being Sued within the Horse Law forums, part of the Horse Resources category
  • Can i be sued if someone gave me a horse and I sold it
  • With a horse sale can you take seller and vet to small claims

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    08-02-2012, 04:46 PM
  #51
Started
I guess I am wondering why you sold him the horse in the first place.

-He didnt give you the correct amount of money for vet fees etc.
-He NEEDED the horse that minute
-Wanted you to deliver it
-Never even saw the horse in person
-And his daughter didnt know what a lunge line was (that would have been a big enough deal breaker for me)

I don't mean to bash you but there were lots of red flags. The second I would have heard a goofy email from that guy I would have been done with him, I don't understand why you let him be so pushy with you. YOU were the owner of that horse. Things can be done on your terms. Im worried about the horses well being right now. I do think if you find an attorney, you have more than enough evidence proving your side. Hopefully you can get the horse back in the right hands. Good luck, people have given great advice. Let us know what happens
     
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    08-02-2012, 05:17 PM
  #52
Trained
Agreed, hard lesson learned. You can still go to Small Claims court. Get ALL contracts and correspondance ready and don't show or give any originals to the other party or their attorneys. Make and keep copies of EVERYTHING. ONLY relinquish paperwork by order of the judge. You don't have to give "Discovery" to the other party's atty bc you yourself are not an atty.
You might get on the phone or INet and look for a small firm that is a start up. There are many good attorneys just out of law school, and you might find someone who is new but diligent. Good luck. =D
     
    08-02-2012, 05:55 PM
  #53
Yearling
Oh my... look, if you're being sued you need to hire an attorney. End of discussion.

However much you will lose paying that attorney and as a business owner trust me, I know how much they charge, it will probably be less than you stand to lose should the other person be victorious in their suit. An attorney will also look into the option of counter suing, recovering costs from them, etc. It's been said a few times in this thread, but you need to get an attorney and fast. Stop screwing around, regardless of how much it costs because you will be in a world of hurt if you don't get someone on this soon.

Edit:

Corporal made a good point. A lot of law schools have legal clinics or offices you can reach out to for help. They probably wouldn't be interested in this case but it would be a good start.
     
    08-02-2012, 11:31 PM
  #54
Green Broke
Don't get discouraged FreedomFoundFarm -- keep plugging away. Is there some sort of legal aid department or office in your state? While they probably due criminal work, they may be able to point you in the direction of some civil attorneys, as well.
     
    08-03-2012, 12:17 AM
  #55
Foal
First I sold him the horse because with every red flag he smoothed it over. 2nd I would LOVE an attorney however with NO cash in hand IM SCREWED!! 3rd no legal aid will deal with this. So Im flying solo on this and sadly will probably get screwed. All because Im a nice person and never thought I was getting walked all ovger. I don't sell horses ALL THE TIME I have NO CLUE what I was up against.....yall bashing me for selling him a horse do NOT understand I DID NOT RELIZE this was turning out to be what I feel to be scam to screw me and keep the horse.....sorry if I sound defensive but Im pretty tired of being bashed for being TRUSTING..believe me...lesson learned......
     
    08-03-2012, 01:19 AM
  #56
Foal
There is a poster on here who had to go to court without a lawyer, and the guy she was opposing DID have a lawyer -- and SHE won! The poster's name starts with "Bird" and she was trying to get her foal back from a former BO. It's a great story. The trick is that she got hold of every single bit of communication and proof for her side. The judge ruled in her favor. So collect everything, make extensive notes, organize your notes so you can tell a coherent story. Don't assume that you can't win, especially since you have this guy's stupidity in writing.

Also, I agree -- it is totally NOT helpful to give you an armchair analysis of whatever mistakes you might have made. Like you don't know that already, geez.
     
    08-03-2012, 03:09 AM
  #57
Foal
Quote:
Originally Posted by chrislynnet    
There is a poster on here who had to go to court without a lawyer, and the guy she was opposing DID have a lawyer -- and SHE won! The poster's name starts with "Bird" and she was trying to get her foal back from a former BO. It's a great story. The trick is that she got hold of every single bit of communication and proof for her side. The judge ruled in her favor. So collect everything, make extensive notes, organize your notes so you can tell a coherent story. Don't assume that you can't win, especially since you have this guy's stupidity in writing.

Also, I agree -- it is totally NOT helpful to give you an armchair analysis of whatever mistakes you might have made. Like you don't know that already, geez.

TY.....its the only words I have to express your suppot.....TY!!!
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    08-03-2012, 03:16 AM
  #58
Started
Quote:
Originally Posted by chrislynnet    
Also, I agree -- it is totally NOT helpful to give you an armchair analysis of whatever mistakes you might have made. Like you don't know that already, geez.

I 150% agree. Hindsight is a fantastic thing! We all have things we'd change if we could. All I'm seeing is that there was a horse for sale, it was sold in good faith, and somebody got into trouble. You can't vet a buyer, you can't tell who you are selling to. Plenty of people spin a good story, and I'm certain many horses are sold to pretty crap homes and the sellers would never know.

Keep your head up, things will work out and karma is going to give this "man" a kick in the backside and manly bits at some stage!
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    08-03-2012, 07:26 AM
  #59
Started
I don't believe you can hire a lawyer in small claims court and I don't think the amount is big enough to take it out of small claims.

Here is your defense...you can only control what happens to the horse when you owned it. You have no idea what he did or didn't do to that horse in the time it has been in his possession.

Take a deep breath ... you will come out of this ok :) Keep us posted
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    08-03-2012, 08:04 AM
  #60
Foal
Quote:
Originally Posted by WickedNag    
I don't believe you can hire a lawyer in small claims court and I don't think the amount is big enough to take it out of small claims.

Here is your defense...you can only control what happens to the horse when you owned it. You have no idea what he did or didn't do to that horse in the time it has been in his possession.

Take a deep breath ... you will come out of this ok :) Keep us posted
Both the buyer and the vet (who he is also suing) have attorneys and he is asking for $25,000. Its is Chancery court
     

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