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Can someone sell my horse on a verbal loan contract?

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        02-27-2013, 04:14 PM
      #31
    Foal
    Quote:
    Originally Posted by demonwolfmoon    
    subbing for updates. I hope everything goes well with the Sheriffs....all too often I've found law enforcement doesn't want to get involved when it comes down to it.

    Unfortunately...
    Got an update! They said that they will be available whenever we decide to go pick her up, so I am just waiting on my friend to go with me. :)

    The sheriff said that if they cause too much fuss it will become a civil matter and then they are looking at theft of $10,000 (thats the price they put on the horse).
         
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        02-27-2013, 04:15 PM
      #32
    Trained
    I recently had a mare taken from a pasture by the people that originally bought her at auction then turned her loose and chased her into my pasture.
    I only needed to show coggins and vet bills to prove ownership to the deputy. That and a couple of witnesses verifying that the mare had been in my care for over a year. The thief even had the original bill of sale from the auction.
    Go get that mare and then file a complaint with the local law enforcement officer. Shalom
         
        02-27-2013, 04:17 PM
      #33
    Foal
    Quote:
    Originally Posted by Kiara    
    Hope all goes well. People can be crazy sometimes.

    I did have a question that maybe you could clarify: So you have your horse in training at this barn. How did this person come in contact with the horse? Do they take lessons there? Or are they some random people that hung around the barn?
    No, that's a good question. The person who was leasing her is related to another person who owned a horse on the property (I don't want to be to specific since I haven't picked her up yet). They didn't like their relatives horse... They only "bonded" with mine...
         
        02-27-2013, 04:18 PM
      #34
    Yearling
    Heh, and that's my point. Once it becomes a "Civil Matter' they won't want to touch it. They won't DO anything at that point, they will generally leave, write a report and tell you to file a lawsuit. In the meantime, your horse could go anywhere.

    I am glad they are helping you. I'm crossing my fingers that the people who have her are so dazed by the Sheriff's presence that they let her go without a fuss.
         
        02-27-2013, 04:19 PM
      #35
    Foal
    Subbing.

    Wow. Some people are sooo brazen. Can't imagine what you're going through.

    Good luck.
    demonwolfmoon likes this.
         
        02-27-2013, 04:23 PM
      #36
    Weanling
    This sounds like extortion, I would press charges for sure!

    Please keep us posted on how it turns out!
    Posted via Mobile Device
         
        02-27-2013, 04:45 PM
      #37
    Showing
    Wait a minute, conversations don't hold much water in court. Take your ownership and tell the police these people these people stole your horse. In Canada, theft over $5000 makes it a criminal offence. It might there too. Just deny having any conversation with them regarding you loaning them the horse. What they are trying to do is extort money out of you and that is a serious offence.Extortion isn't the correct word as there has been no threat of violence. The word eludes me at the moment but it is a serious charge.
         
        02-27-2013, 04:49 PM
      #38
    Showing
    You're thinking of fraud, which really is the better legal definition than extortion or blackmail.

    Fraud:
    A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.

    Fraud is commonly understood as dishonesty calculated for advantage. In the U.S. Legal system, fraud is a specific offense with certain features.

    Fraud is most common in the buying or selling of property including real estate and personal property, as well intangible property such as stocks, bonds, and copyrights. State and federal statutes criminalize fraud, but not all cases rise to the level of criminality. Prosecutors have discretion in determining which cases to pursue. Victims may also seek redress in civil court.

    Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact, (2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.
         
        02-27-2013, 06:02 PM
      #39
    Trained
    Quote:
    Originally Posted by demonwolfmoon    
    Heh, and that's my point. Once it becomes a "Civil Matter' they won't want to touch it. They won't DO anything at that point, they will generally leave, write a report and tell you to file a lawsuit. In the meantime, your horse could go anywhere.

    I am glad they are helping you. I'm crossing my fingers that the people who have her are so dazed by the Sheriff's presence that they let her go without a fuss.
    That's EXACTLY what they told me when my horse was stolen. It's a civil matter, we won't do anything. Good luck.
    I got him back, no thanks to those...Ahem.

    Good luck, OP. I hope you learned a good lesson to keep everything in writing.
    I sort of wish I could go with you. I've been bored...
         
        02-27-2013, 06:16 PM
      #40
    Yearling
    Can't wait to see her home. Don't wait too much longer. You don't want to give this person enough time to figure something out.
    Posted via Mobile Device
         

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