Have had boarders horse for a year with ZERO payment & now they want horse!! - Page 2
   

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Have had boarders horse for a year with ZERO payment & now they want horse!!

This is a discussion on Have had boarders horse for a year with ZERO payment & now they want horse!! within the Horse Law forums, part of the Horse Resources category

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        11-06-2013, 09:35 AM
      #11
    Green Broke
    This is a perfect example of always get everything in writing.

    Good luck. Hope she just gives you the horse and is done with it.

    You certainly don't owe her a penny. If you dropped your dog off at a boarding facility and didn't pay, you'd be getting sued. This situation shouldn't be any different. It's her horse and her expenses and you need to do what you need to do, to get reimbursed.
    BobbieJo81 likes this.
         
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        11-06-2013, 10:09 AM
      #12
    Started
    Get a combination lock and put it on your gate. Give the combination to your neighbors and tell them that they are NOT to give out the combination without your permission due to the ongoing issues. The threat of legal action will probably get her to sign the horse over, and make sure she is well aware of the fact that getting a pass on her $1000 bill is a much better deal than getting $700 for the horse + legal action.

    It's good that you have kept records of all money spent on the horse, but do get everything in writing next time! If there is a next time, anyway...
         
        11-06-2013, 10:38 AM
      #13
    Weanling
    And on top of all the advice above, make sure those security cameras as not only working and pointed in useful directions, but adequate signage pointing out their presence is visible.

    At that point, Anyone with any scruples wouldn't venture into the property without talking to the owners first, much less come onto the property, take a horse from your paddock, and load it.

    Chances are the person who "bought" the horse doesn't know the backstory. When he/she shows up you'll have your opportunity to explain the situation to them, and again...assuming they are reasonable people, they'll probably walk away from the deal and tell the seller to get her act in order.

    Of course, if the owner of the horse just keeps trying to sell regardless you may have to go through that process a few times, but it'll buy you time to take action from the legal side (or convince the owner she's reached the end of her rope and give up on trying) and eventually the problem may go away.
    BobbieJo81 and Chasin Ponies like this.
         
        11-06-2013, 11:06 AM
      #14
    Yearling
    As well as all the great advice with registered letters and such, move the horse to your other property.

    You've already said you cannot lock the gate and you are not always there. If they come when you aren't there and load up the horse and drive away, you will have to go through the court process and probably end up spending more just to make your point. Plus, she'll never pay you, and you've lost the horse.

    If you move the horse (I'm assuming she doesn't know you have another property or doesn't know where it is), you have a better chance of holding onto it until the amount is paid up. Or legally owning the horse.
         
        11-06-2013, 03:47 PM
      #15
    Started
    I could see legal issues arising from moving a horse that she does not technically own at this point. While she is probably entitled to ownership at this point, she has not gone through the proper procedures to get the horse in her name. This is why I think that putting a combination lock on all gates and notifying the relevant parties of the combination and situation is a better idea. This way the lady or "buyers" can't get the horse off of the property, but the lady can't go around saying that her horse was stolen and moved without her permission. I'd also leave a note on the locked gate explaining the situation on the off chance that said buyers came to pick up the horse.
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        11-06-2013, 04:04 PM
      #16
    Green Broke
    This is easy:
    Cost of removing said horse =
    $ALL board for the past year
    + $Your monthly care
    + cost of ALL feed and supplements
    + $All Vet bills

    I am sure that the TOTAL will be more than the ex-boarder wants to pay. Get an attorney. This is a case of abandoned property and there are statues of time limitation that apply to it. The only cases where there is NO statue of limitation is murder.
    Palomine and BobbieJo81 like this.
         
        11-06-2013, 07:43 PM
      #17
    Foal
    First, I want to thank everyone for all of the great advice.. I did talk to a local woman that has ran a boarding barn for years, and she sent me the same link about WV Lien laws that was posted in an earlier comment(thank you for that btw) ..I forwarded this my attorney, she read over it, stated that even though it is an old law(and the reason that she couldnt find it) it is still a law in WV and that I have every right to keep the horse from leaving the property...that eased my mind a great deal.. She advised me to once again give the 'owner' (and I use the term loosely considering her actions) but anyways, to put her on notice of the exact amoount that she owes, that I am putting a lien on the horse and that he will not be leaving the farm under any circumstances with anyone unless his bill is paid in full.. I know that she does not have the money, especially not with having him posted at 700$, probably taking the first 500-600$ that comes along and owing me almost double that.. So as of right now, I am just waiting to see if she messages me back.. I am going to send her a certified letter with all of the same info that was in the message she received today..I am still not comfortable enough to move him to the other farm..I did however move him to a back pasture (the other pasture can be accessed without even coming fully up my driveway and is not in full view of the house) so that someone would have to walk past my house to get anywhere near the field he is in.. I have put my neighbors on alert, sent them pictures of the lady, told them that if ANY vehicles came up and looked the least bit fishy to call the police.. I also posted more no trespassing signs, replaced all the security camera batteries and have been leaving my 2 large dogs ( a Boxer and a Pitty) outside when I am not home..I have debated on locking him in his stall when I am not home, but I get scared thinking about all the what-ifs if something were to happen..fire, him get cast, etc..
    So that is where I stand as of right now..As far as I have been able to find out, I am not required to sell him to recoup my losses, which is fine by me..esp with the way good horses are ending up at stock sales left and right.. I am however secretly hoping that the "buyers" show up, so that I can let them know the situation, I would love to prevent her from dragging my name through the mud over this, really don't think she has the influence to affect my training business, but ya know:/
    I will keep everyone updated, plan on spending tomorrow finishing up all of the legal paperwork that I need to do, making copies of receipts, etc.. Please feel free to post any more ideas, comments etc..super happy to have found such a great group of people <3
         
        11-06-2013, 08:01 PM
      #18
    Weanling
    I hope she doesn't give you anymore trouble.

    I just don't understand people if they cannot afford to keep their horse don't be selfish. Here it's a good community of horse people and rescues, somebody would take them in.

    I've seen situations where the person has been so selfish their horses were starved to the point of organ failure and had to be put down when rescued. I just don't get people.

    He sounds like he's in way better hands with you anyways. Sorry you've had to go through this.
    Palomine and Chasin Ponies like this.
         
        11-06-2013, 09:02 PM
      #19
    Started
    I agree with the others telling you to move the horse...
    We had boarders come and steal "their" four horses in the middle of the night.
    We have no idea where they went, but they owe the BO thousands...
         
        11-06-2013, 11:17 PM
      #20
    Showing
    In Ontario the horse must be sold at a public auction. Reasonable expenses can be claimed. You cannot just keep the horse and sell it privately. I don't think the judge can turn ownership over to you so you are in the position of having nothing to validate that you own the horse. The law is written this way to protect both parties. As previously mentioned, any money, if there is any, (lawyer, trailering, etc) is to go to the owner. If you cannot retrieve your expenses, then you can take it to small claims. Most judges don't like to see someone left holding the bag for someone else's animals.
    Palomine likes this.
         

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