Can someone sell my horse on a verbal loan contract? - Page 5 - The Horse Forum

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post #41 of 84 Old 02-27-2013, 06:21 PM
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Originally Posted by WSArabians View Post
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.
Just a point here, there's a lot of bashing about the police not getting involved in what amounts to a civil matter. I expect to get flamed here, but there is a good reason for that-they can't, it's forbidden by statute. Bottom line is they have no authority to interfere and would be in violation of the law if they were to do so. Not just criminal law, the police can (and have been) sued in civil court for big dollar damages when they overstep those strict boundaries.

LE deals with violations of criminal law and their powers are strictly delineated by statute, and they haven't much latitude. Civil law is another matter entirely, and when a situation falls under that category the law clearly states the Courts are the arbiters in those disputes.

Now the OP's situation is a bit different than the average who owns horse dispute, these people are treading very close to extortion by threatening her. That might be something the local Prosecuting Attorney (they are the ones who decide what can be brought to a criminal trial-not the police BTW) might bring to a trial But, since she hasn't any type of written contract to back up her claim these people were only leasing the horse it walks that razor edge leaning into a civil law "he said she said"situation.

I do hope the OP gets her horse back.
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post #42 of 84 Old 02-27-2013, 06:24 PM
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Oh, I won't really go into here, DimSum, but it was whole mess where they started to help (the guy admitted to the cop that he stole him) and then just left me high and dry. But...Different story.

I'm sure the OP will get her horse back. Hopefully still in good and sane condition.

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post #43 of 84 Old 02-27-2013, 06:24 PM
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Quote:
Originally Posted by WSArabians View Post
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...
Yikes! Around here stealing a farm animal is a felony.
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post #44 of 84 Old 02-27-2013, 06:28 PM
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Originally Posted by WSArabians View Post
Oh, I won't really go into here, DimSum, but it was whole mess where they started to help (the guy admitted to the cop that he stole him) and then just left me high and dry. But...Different story.

I'm sure the OP will get her horse back. Hopefully still in good and sane condition.
Oh my friend, I didn't quote you to single you out...sorry. Just a general observation from reading threads in the legal area of the forum. Just wanted to clarify things in hope someone else reading here won't get caught in a bad situation. Which is why it is absolutely 100% necessary to get EVERYTHING in writing, even deals between friends and family

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post #45 of 84 Old 02-27-2013, 06:49 PM
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Subbing to find out how this turns out. Really hope you get your horse back smoothly!

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post #46 of 84 Old 02-27-2013, 06:54 PM
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Quote:
Originally Posted by DimSum View Post
Oh my friend, I didn't quote you to single you out...sorry. Just a general observation from reading threads in the legal area of the forum. Just wanted to clarify things in hope someone else reading here won't get caught in a bad situation. Which is why it is absolutely 100% necessary to get EVERYTHING in writing, even deals between friends and family
LOL
And hear I thought that you were reading my mind.

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post #47 of 84 Old 02-27-2013, 07:15 PM
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Wait, what?
The horse is (was?) in training with Trainer.
Person A talked you into leasing the horse to them.
Where was the Trainer in all this? Or was the horse done with Trainer and just hanging out at the barn?
Are the bills in A's name? That's the only way they would be able to "prove" ownership.
How long was the horse with Trainer? How long has A been riding the horse? Where is the barn owner in all this, or is the horse at A's property?
This whole situation is not making any sense to me. I would not spend hours (ha that autocorrected to "horse") on a forum asking if I still legally owned the horse...
Anyways, call me a skeptic. Good luck to you, OP.
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post #48 of 84 Old 02-27-2013, 07:45 PM
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Quote:
Originally Posted by DimSum View Post
Oh my friend, I didn't quote you to single you out...sorry. Just a general observation from reading threads in the legal area of the forum. Just wanted to clarify things in hope someone else reading here won't get caught in a bad situation. Which is why it is absolutely 100% necessary to get EVERYTHING in writing, even deals between friends and family
True, having things in writing HELPS, but even if you HAVE something in writing the police can't FORCE the other person in a civil matter. Heck, they won't enforce COURT ORDERS from state to state. (Ask me how I know!) That's my point, if the OP isn't lucky enough to catch the person with their pants down, they can dance around saying "nah nah nah nah nah" all they want, and nothing will happen unless she takes them to civil court.

I don't know whats wrong with people these days, it's really sad how no one can be trusted... =( smh

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post #49 of 84 Old 02-27-2013, 07:46 PM
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Subbing to see what happens! :)
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post #50 of 84 Old 02-27-2013, 08:09 PM Thread Starter
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We got her! No one even came out to talk to us... I'm sure they will be very unhapy when they go to get her tomorrow... if they will even notice (she was in a back pasture with about ten other horses).

She seems lame on her right front though . I'm going to give her a few days and then work her to see if she actually is, she is VERY stressed!

I still can't believe they were going to sell my horse to help with their own exenses.. They wanted to get some of their money back that they have paid for board, etc. that's leasing... horses aren't cheap!
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