Have had boarders horse for a year with ZERO payment & now they want horse!! - Page 3
 
 

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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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        11-07-2013, 11:00 PM
      #21
    Green Broke
    No idea how sketchy this lady is... Just be careful if you move him and she comes while you aren't around and decides to get you back... Could get very messy.
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        11-08-2013, 10:58 AM
      #22
    Trained
    Here is something that you CAN do, and SHOULD do, anyway. Get chains for your gates both at the connections to the posts and where you chain them shut and put locks on them. I bought combination locks in sets with the same combo. Keyed locks are fine, too, just my personal preference. I started doing this several years ago when people were stealing horses from pastures to ship them for meat in Europe. Yes, a bolt cutter will cut the chains but it is a deterrant. Mostly I am deterring teenagers from mischief.
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        11-08-2013, 02:18 PM
      #23
    Green Broke
    Something similar happened at a barn I was boarding at here in CO. A woman had two horses, told the BOs that she was short on cash--they said they would work with her. She tried to sell one of them (for super cheap, essentially just checking up on board) and it didn't work.

    She just stopped showing up and responding to messages. After a few months (as per the state of Colorado) the horses belonged to the barn owners, and they sold both the horses as collateral.

    I hope this works out for you! It bites that you get the short end of the stick for being a good person...
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        11-08-2013, 10:40 PM
      #24
    Showing
    When it comes to boarding animals, it must remain strictly business as it invariably comes back to bite you. We've heard countless tales of woe from others who were kindly and wound up taking a sh*t kicking. Always, always, get everything in writing and signed. Judges like to see ink on paper, not "he said, she said".
         
        12-07-2013, 06:48 PM
      #25
    Foal
    Just wanted to let everyone know how things have worked out so far(and I think for good) ..I sent her an 'invoice' of all monies owed via certified mail and email, she accepted the certified letter and checked the email although she never responded to either. I put in the letter that she had 15 days from the date of the letter to either sign him over or pay bill in full and pick him up. She has done neither , but as far as I am concerned, Im done offering solutions. I will not work with her or release him. My county court house told me that I would have to pay close to 300$ to file everything needed for a lien, but the way the law is wrote , the lien is automatic once bill becomes past due, so Im leaving that be for now. If anything else comes up or happens, I will update everyone, but I have a feeling I will not hear from her ever again .. thanks again everyone, couldnt have gotten this far without ya'lls help :)
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        12-07-2013, 06:52 PM
      #26
    Foal
    @Corporal I wish I had that option :( Because of having neighbors that essentially have a lot in the middle of my farm with a legal right of way through my property , I can't "block" their access point. And they are the type that wouldnt/couldnt be bothered to lock it behind them, they are more the type to cut the locks off(even if they had a key) just to avoid getting their lazy behinds out and opening and closing a gate..that is with the exception of one of them, and she is so old that I would feel bad for making her..
         
        12-07-2013, 07:13 PM
      #27
    Weanling
    Post a picture of the horse here in this thread. If things ever do go sour somehow (she comes and effectively steals him in the night, or something) you have photographic evidence of what the horse looked like, as well as the entire story, your details, and now the follow-up nicely archived here in this thread.

    A little feather in your hat from an evidence standpoint is what I'm thinking. ;)
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        12-08-2013, 07:27 PM
      #28
    Foal
    Fairly sure irregardless of contracts, no one can entr your property without your permission that is trespassing.
    I would have the horse looked at by your local animal welfare group to cover that issue for starters this shows you are not in the matter for personal gain, rather that you are genuinely concerned for the welfare of the horse and the owners inadequacy to care for the animal.
    The money I would see as a completely seperate issue, and I think this is what your legal advisor is meaning by "don't try to hold on to the horse". Unfortunately even though the money in question was spent on the neglected animal it is still the original owners "property" (for lack of a better word). Money issues as such need to be treated as a normal legal issue would be if say someone loaned someone money and the reciever of he loan did not make the required repayments.

    It's rough that your generosity has been taken advantage of, however it is clear you have learned from this experience and at least you can benifit in that way.

    Another quick note:
    The text messages may be of value or they may not, have your attorney or legal advisory look over them to make sure they are clear cut and not in any way ambiguous. If you do go to court TRY to make your account of the story detached as possible you want a fact related account of the matter not a relational one as the evidence is already a little blurred without the contract and if you go in with a "personal emotional" account things will probably not lean in your favour. Stick to the facts alone as you appear to be in the right on this one.
    Posted via Mobile Device
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        12-08-2013, 07:33 PM
      #29
    Foal
    Afterthought: details details details. When did she drop off food, how much? What promises were made and are they in writing? Photos of the animal in question. How often did she maintain contact and most importantly receipts or evidence of the money you have spent.
    All very important sit down gather as many of these facts and evidence of them you can!!!! And In turn you strengthen your case immensely!! Goodluck !!!
    Posted via Mobile Device
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        01-26-2014, 07:39 PM
      #30
    Weanling
    Quote:
    Originally Posted by BobbieJo81    
    I keep finding info that almost always states 3 months, but so far have had zero luck finding anything specific to WV.. I really don't mind keeping him here, like I said my daughter loves him, and he is a great horse for her to start out on.. I just don't want it to seem like I am guilty of what she is claiming "that I offered to board him knowing that she was in a bad way financially, just to get a 'free' horse out of the deal".. I guess it would be best for me, if she were to just say 'keep him for the money I owe you" but I know that her intetntions are to sell him and not pay me from that money like she has claimed, how could she when she has told me that they don't have a car, neither are working and she said she is selling him for 600 or 700$ and owes me 1,000$..I don't know, Im just at a loss..I should have known better than to be nice, somehow it always bites me in the butt
    Yes, being too nice got you in this mess so it's time to buck up and get tough. Ignore any contact from her and let her make the next move, she may very well let this whole thing go. I'd also move him to the other stable as long as you can control the situation there.
    Most states have what is called a "mechanic's lien" where a garage can take possession of a vehicle for non payment and I have seen this very same law used for horses too.
    She knows you are a nice person and are feeling badly about this (which you shouldn't!) and she's taking advantage of that fact.
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