Need legal advice.. Barn owner having problems and her mare being taken away. - Page 2 - The Horse Forum

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post #11 of 42 Old 11-21-2012, 02:53 PM
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Most things end up in court because people don't put things down on paper.

Writing, writing, writing!!

If someone resists putting something into writing, that person needs to be booted NOW because they are not to be trusted. As clearly happened.

I'm sorry for your BO, but I hope she learned a valuable lesson. People are jerks. You can't just trust them. Writing!
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post #12 of 42 Old 11-21-2012, 04:22 PM
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Put everything on paper and have it notarized. That would end most of these problems. If someone refuses to do any paperwork on a deal, then bag it and run the other way.
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post #13 of 42 Old 11-21-2012, 06:26 PM
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When I had boarders I asked for cheques with "horse board" written on it. Many times I was paid with cash and had I wanted I could have been dirty and denied payment. We had no contract so when I wanted one out on short notice, he packed up and was gone or face a huge increase. I don't tolerate threats.
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post #14 of 42 Old 11-22-2012, 08:37 PM
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Originally Posted by nikelodeon79 View Post
The burden as far as paying board would fall on the boarders to prove they HAD paid. Other boarders could testify as far as the usual rate in lieu of a written contact.
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Nope. Burden of proof is on the accuser, not the defendant. She has to prove they DID NOT pay, not them proving the other way around.

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post #15 of 42 Old 11-22-2012, 10:29 PM
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Originally Posted by Chiilaa View Post
Nope. Burden of proof is on the accuser, not the defendant. She has to prove they DID NOT pay, not them proving the other way around.
And would that not be accomplished by a show of an accounting ledger that shows the absence of that person's name and amount?
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post #16 of 42 Old 11-22-2012, 11:38 PM
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Nope. Burden of proof is on the accuser, not the defendant. She has to prove they DID NOT pay, not them proving the other way around.
If a bill collector calls me and says I didn't pay, I provide proof I did pay (check number, reciept, etc.). Their records are obviously showing that I didn't pay, so I have to prove I did. This just happened to me recently. My health insurance company claimed they didn't receive payment, so I contacted my bank for a copy of the cleared check to prove I had.
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post #17 of 42 Old 11-23-2012, 02:01 AM
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Your barn owner needs to wise up, I cannot believe that someone would be this silly to be honest.

They are not paying, and an agreement is made, fine - put something in writing. Would you buy a car without something in writing?

As they have not signed a new boarding contract, all she can do is kick them out. No notice is even needed, they leave her property. Then she really needs to wise up and learn from this.
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post #18 of 42 Old 11-26-2012, 02:29 AM
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In legal terms no matter which side of the Atlantic you are on, if it isn't in writing and signed by both parties, then there is no contract. The only hting the barn owner can do is sue for payment of rent arrears. Hwoever, it would probably cost her more to take them to court. Best thing she can do is give them notice to quit and wave goodbye to their horses...all of them! She doesn't own anything without a contract. Even if vets bills are in her name, this does not imply ownership in Law but she can sue the owners of the horse to recover the vets fees. From what you say though, I doubt she will recover any of her costs. Best to cut her losses .
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post #19 of 42 Old 12-01-2012, 11:11 AM Thread Starter
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Hey everyone, here's an update.

They moved their horses and tried to this mare. When they refused to open the gate because they owe the BO money they called the Sheriff.

When we arrived, me and the BO, the couple had already told them their side of the story and the sheriff was ready to cut the locks. Once we told the BO side, they were thinking differently. She provided the paperwork they had been given but not returned. Me and a few other people vouched that for the last 30 days (since the "verbal agreement" was made) they have not touched touched this mare, or acted as if she was their's. Even though they were there at least once a day. She was not in the same barn as the rest of their horses, she was in the BO's barn. She was being fed by us (pretty much full care) she was being fed her hay and grain. Why would my BO feed her of her hay, ride her everyday, and have her in her barn and not charge them board?

The sheriff said the horse stays where it is (at my BOs barn) and if they want to take her it goes to court. Two days later the mare is gone, they just took her. Bo calls the sheriff, they say, well idk what to tell you. Why did this happen?
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post #20 of 42 Old 12-01-2012, 11:46 AM
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Why did this happen?
They felt that the horse is legally theirs, so they cut the lock and took the mare. Your BO learned a very expensive lesson.
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