Can someone sell my horse on a verbal loan contract? - Page 8
 
 

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Can someone sell my horse on a verbal loan contract?

This is a discussion on Can someone sell my horse on a verbal loan contract? within the Horse Law forums, part of the Horse Resources category
  • Someone took my horse on loan and will not give it back
  • Sale of trailer broken verbal agreement

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    03-04-2013, 08:17 AM
  #71
Super Moderator
If this person has been paying the training and board bills on her all of this time, "Yes!", they can claim they have a lien on her or the barn can claim they have a lien on her. In which case you would have to prove that you did not agree to keep paying the bills. In court, they would have to go to prove that you agreed to continue paying the training and board on the horse.

This is a 'civil matter' and not a 'criminal matter' if they have been paying all of the bills.

In this situation, "Possession is 9/10 of the law".

I would NOT call the sheriff or he will tell you to go to court and to leave the horse exactly where he is. (See ^^^) Just go unannounced and pick up your horse. Then THEY have to prove that you owe them for the training and board.

If they go to court and win, the court will order you to give the papers or pay all of the training and board bills.
wausuaw likes this.
     
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    03-04-2013, 10:23 AM
  #72
Weanling
I purchased a little filly a few years back for 200$ and took care of the mare throughout the pregnancy and nursing (they were in a bad financial place, and I didn't want my filly to have issues with malnutrition right off the bat). When she was 1, they came and took her (they already took their mare back) and told me I owed them 2000$ for her. They took her to an undisclosed location, so I couldn't take her back.

As Cherie said, I was told possession was 9/10 of the law- and since was verbal, I couldn't do much about it. I won the court case (showed vet bills, feed bills, etc) but there was no way to FORCE them to give me my horse back, since they said they wanted to appeal (which they never did) . Took me 2 YEARS (after she was 3) to get her back, and by the time I got her back she was incredibly stunted (she hadn't grown an inch, she was kept in an area the size of an average backyard with 2 other horses, and was just very... Dead in the eyes, so to speak) The only way I got her back (even with winning in court) was I had to figure out where she was being kept, I went over there with a trailer when they weren't there and brought her back. They tried to take me to court for stealing my horse... But, again, possession is 9/10 of the law. I won, but my poor horse didn't.

So, GO GET YOUR HORSE! And get it ASAP by any means necessary!

And never, ever do a verbal agreement again. Done are the days where a hand shake works, there's just too many people you can't trust, even (in my case) people you have known for years.
     
    03-04-2013, 10:28 AM
  #73
Weanling
(Didn't realize was such a dated post)
     
    03-04-2013, 11:21 AM
  #74
Started
Quote:
Originally Posted by Kray012    
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!
Glad you got her back.. Why does it seem that stuff like this always happens in TX? I would think they have laws for Stealing a horse cause that is what it really is if she had sold your mare.
     
    03-04-2013, 11:23 AM
  #75
Started
Quote:
Originally Posted by wausuaw    
(Didn't realize was such a dated post)
its less than a week old
     
    03-04-2013, 01:15 PM
  #76
Super Moderator
It is not stealing. It is a 'disputed bill' if they would take it to court. It is up to the court to decide if the 'unofficial lessee' agreed to pay all of the bills without any ownership interest or if you were supposed to pay the bills. It is strictly a 'he said / she said' kind of deal without any signed paperwork that spells out who pays what and when and what 'rights' come with the 'free lease'.

So, until someone files a suit (not likely in this case) possession is 9/10 of the law. Keep her locked up and post 'no trespassing' signs until you are sure they are 'over it'.
Cherie
     
    03-04-2013, 02:11 PM
  #77
Trained
With all the "they stole my horse" threads on this forum, I will be getting paperwork done for any kind of horse trades, sells, or leases that I am involved with in the future. It is amazing the stuff that goes on.
Cherie, nvr2many and doubleopi like this.
     
    03-04-2013, 02:24 PM
  #78
Weanling
I suppose it's not dated. But, mostly that she got her horse back. February seems so far away! (Been a long month) :)
     
    03-04-2013, 06:08 PM
  #79
Weanling
Why on earth would you lease a $10k horse without anything in writing? ESPECIALLY to someone who guilt trips/ sob stories you into it...I have little patience for people who do that crap- and would be heading in the opposite direction once they honed in on my animal..

I am glad you got your horseback, But I sure hope you wisen up, and not let people take advantage of you.
amp23 likes this.
     
    03-05-2013, 06:29 PM
  #80
Trained
It is a crime to steal livestock in the state of Texas. Texas has the most horses.
When my horse was taken in Jan a couple of vet bills and a coggins test proved ownership when the theif showed the sherriff deputy his bill if sale from the auction. I could prove that she was in my possesion during the preceding year. Shalom
     

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