Can I claim legal ownership of this horse? - Page 2

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Can I claim legal ownership of this horse?

This is a discussion on Can I claim legal ownership of this horse? within the Horse Law forums, part of the Horse Resources category

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    08-18-2011, 04:12 PM
Sierrams, your use of the word magistrate makes me believe you are not from the US. That might be why we have differing opinions on how to deal with this.

The OP is from Oklahoma. Calling the police or the court system will not really do her any good unless she happens to get in touch with someone who works there that also owns a boarding barn.
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    08-18-2011, 04:29 PM
Originally Posted by Alwaysbehind    
Sierrams, your use of the word magistrate makes me believe you are not from the US.
Not necessarily true. In SC we use Magistrates in place of Judges for civil matters up to $7,500.

In this case, as in others I've seen, you need to get a lien against the owner then you can either sell the horse or take ownership legally.
    08-18-2011, 04:35 PM
Originally Posted by iridehorses    

In this case, as in others I've seen, you need to get a lien against the owner then you can either sell the horse or take ownership legally.
See, that is where knowing the state specific rules comes in. Some states do not allow you to take ownership. The horse has to be sold at a public sale.
    08-18-2011, 05:09 PM
Ok and I have kept my feed receipts and I can also show proof through my bank statements. Unfortunately the contract is verbal but I have text messages conversations about what to pay and what I expect. Besides even if I didn't have alot of receipts the proof of care is in the photos. I have been feeding and taking on the full burden of his care, like farrier service and medical needs, since september of last year.
    08-18-2011, 05:34 PM
Green Broke
You could try and talk to your county livestock agent.
    08-18-2011, 05:43 PM
On the subject of proof, do you have actual evidence such as a time stamp as to when the photos were taken? Photos actually don't prove much if you don't have proof that the first one wasn't the last taken...if that makes sense...
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    08-18-2011, 06:33 PM
Green Broke
This is honestly what I would do. I would contact the previous owner of the horse. I would tell him that if he signs over ownership to you you will forgive him for the money that he owes. I would calculate how much he owes you. Including all care and boarding cost. You said $40 per month and he paid you $100. But he was responsible for grain. Plus you've probably paid for farrier, worming and other things??? So that's probably more than $800 that he owes you. Show him the calculations you came up with. Tell him he's got 30 days to pay you the money or sign over ownership. I doubt he can come up with the money since you said that he is having financial difficulties. So he'll more than likely just sign the horse over to you and it will legally be yours. Otherwise you MIGHT have to sell this guy at auction, like someone else said, which means you'll have to run him through the sale and bid on him and you'll be out some cash. Talking to a lawyer might help. Because after so many days of abandoning your property with someone the property is no longer yours. But I'm not sure if that applies to animals. I know you can take him to court and more than likely they will reward the animal to you.
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    08-18-2011, 10:17 PM
Thanks for the advice everyone I really appreciate it. I considered the trying to get ahold of the guy but he hasn't answered my calls or texts so I dunno. I'm thinking he thinks he is just leaving him to me in his head. I dunno I looked at equine lawyers on the Internet today. The pictures aren't time stamped but it's obvious that he has a winter coat and a summer coat. I think I can get dates from my text messages aswell.
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    08-19-2011, 08:54 AM
    08-19-2011, 04:57 PM
I would think about running an ad in the local paper stating that your board is $10 per day or some other fee. If he tries to collect the horse, have a copy of this ad as well as dates as to when you took possession of the horse.

The most likely scenario is that you won't hear any more from the guy at all. He is probably just glad to get rid of the responsibility.

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