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enter private property without notice to get horses back

This is a discussion on enter private property without notice to get horses back within the Horse Law forums, part of the Horse Resources category

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        03-12-2013, 03:38 PM
      #11
    Trained
    If you have paperwork that clearly shows you and your husband own these horses, call the sheriff or police with jurisdiction over that area and have them do a "Keep the Peace" or "Civil Stand By" while you go ask for your horses. They cannot get involved as this is a civil matter, but they will make sure that no one gets out of line. If he gives you the horses fine, if not then you'll need to file in court to get them back. The local law enforcement will not force him to give you the horses back, or they shouldn't, but they will keep you safe while you try.
         
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        03-12-2013, 03:42 PM
      #12
    Green Broke
    I would expect, that you owe some board.
    I would certainly offer, money for board, after all they did keep your horses for you, for a year.
    You might not like the environment or the way they kept them, but at least they kept them, like they said they would, and didn't sell them.
         
        03-12-2013, 04:06 PM
      #13
    mls
    Trained
    Quote:
    Originally Posted by hellomynameis    
    I am a resident of NC and the horses are located in SC.
    Please be sure to have everything in order before you haul them across state lines. I believe felony theft starts at $500 in most states. Cross a state line and that adds a whole new level of trouble.
    Allison Finch likes this.
         
        03-12-2013, 04:12 PM
      #14
    Super Moderator
    Yup, purely a civil matter.

    I suspect they will come back at you with the fact that you owe a lot of board. Make sure any references to the financial part of the deal are in your hand when you go talk with them. That way, when you say you are going to court, they will see that you have leverage against this claim.

    If you don't have anything that discusses the deal in print/recorded, you may be up the creek to protect from this claim. THAT'S why, no matter how good a friend a person is.....get it written as a contract EVERY TIME!
         
        03-12-2013, 04:16 PM
      #15
    Foal
    Quote:
    Originally Posted by Taffy Clayton    
    I would expect, that you owe some board.
    I would certainly offer, money for board, after all they did keep your horses for you, for a year.
    You might not like the environment or the way they kept them, but at least they kept them, like they said they would, and didn't sell them.
    I will pay him for keeping the horses, no problem. That is very fair.
         
        03-12-2013, 04:17 PM
      #16
    Foal
    Quote:
    Originally Posted by mls    
    Please be sure to have everything in order before you haul them across state lines. I believe felony theft starts at $500 in most states. Cross a state line and that adds a whole new level of trouble.
    Yikes! I will make sure to have everything in order. Thank you for telling me this
         
        03-12-2013, 04:29 PM
      #17
    Foal
    Quote:
    Originally Posted by Allison Finch    
    Yup, purely a civil matter.

    I suspect they will come back at you with the fact that you owe a lot of board. Make sure any references to the financial part of the deal are in your hand when you go talk with them. That way, when you say you are going to court, they will see that you have leverage against this claim.

    If you don't have anything that discusses the deal in print/recorded, you may be up the creek to protect from this claim. THAT'S why, no matter how good a friend a person is.....get it written as a contract EVERY TIME!
    I completely agree that paying him board is a must. However, out of curiosity, what about my husbands horse that he never paid for? Would the same board be expected? I would say half out of kindness but is it really necessary? Thinking about when car's are reposed. That would be like loan holders cutting checks to people for changing oil and putting on a new set of tires.

    Would giving half for the horse he said he's pay for be efficient? Or should I plan on giving full board?
         
        03-12-2013, 04:34 PM
      #18
    Trained
    Quote:
    Originally Posted by hellomynameis    
    I completely agree that paying him board is a must. However, out of curiosity, what about my husbands horse that he never paid for? Would the same board be expected? I would say half out of kindness but is it really necessary? Thinking about when car's are reposed. That would be like loan holders cutting checks to people for changing oil and putting on a new set of tires.

    Would giving half for the horse he said he's pay for be efficient? Or should I plan on giving full board?
    How long has he had the horses?
         
        03-12-2013, 04:36 PM
      #19
    Super Moderator
    Quote:
    Originally Posted by hellomynameis    
    I completely agree that paying him board is a must. However, out of curiosity, what about my husbands horse that he never paid for? Would the same board be expected? I would say half out of kindness but is it really necessary? Thinking about when car's are reposed. That would be like loan holders cutting checks to people for changing oil and putting on a new set of tires.

    Would giving half for the horse he said he's pay for be efficient? Or should I plan on giving full board?

    The problem is the lack of a written contract. It may boil down to your word against his. He might claim no such arrangement was ever made.
         
        03-12-2013, 04:38 PM
      #20
    Foal
    Quote:
    Originally Posted by Dreamcatcher Arabians    
    How long has he had the horses?
    Less than one year. After looking at the messages, he has had them since the end of April last year.
         

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