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Please Somebody Help Me....

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  • " lawyer asked me" "him the following"

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    06-23-2012, 09:23 PM
  #31
Weanling
Thank you very much. I just keep praying both of my horses are ok. I am fully prepared to accept whatever the judge decides because I was stupid and didn't get everything in writing however I absolutely will not give up fighting for my colt. I love him and I will not give up on getting him back
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    07-06-2012, 01:47 PM
  #32
Foal
So what happened?
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    07-06-2012, 04:30 PM
  #33
Weanling
I go to court Thursday the 12th for the hearing......
     
    07-12-2012, 06:15 PM
  #34
Foal
Coggins???

First off I am sooooo sorry this happend, but first thing get a lawyer ,I also am in Texas and we have very specific laws here regarding what has happend to you(you probably know by now ) alison Rowe is an equine attny in Dallas. Also it is against the law to sell any horse without a coggins, check with the vets! They might know where he is... also by Texas law he has to wait 60 days before he sends the letters, then 11 days after that he can take horse toPUBLIC AUCTION on the 20th day, the 20th day and not a day before, and he can not keep the money, only the money owed any extra must be given to you if he can't find you it must be turned into the county treasurer in the county where the horse is boarded.
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    07-12-2012, 06:22 PM
  #35
Weanling
I had court today and......

HOLY GOODNESS GRACIOUS I WON!!!!! Not temporary but permanent full custody. He is ordered to release him to me by 6pm. 1 hour from now at the latest!!!! More of an update after I get him and get settled in. Thank you God and everyone. WE WON!!!!!!
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    07-13-2012, 09:36 AM
  #36
Yearling
That's great news.
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    07-13-2012, 05:53 PM
  #37
Green Broke
Quote:
Originally Posted by bird3220    
I had court today and......

HOLY GOODNESS GRACIOUS I WON!!!!! Not temporary but permanent full custody. He is ordered to release him to me by 6pm. 1 hour from now at the latest!!!! More of an update after I get him and get settled in. Thank you God and everyone. WE WON!!!!!!
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So, GIVE US THE PLAY BY PLAY!

Testimony, how long it took etc.....

I love a story with a happy ending!
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    07-13-2012, 06:17 PM
  #38
Weanling
This is a basic rundown I copied and pasted from my original post about the BO holding my horses hostage..... There are so many other details, but these is the basics.

Right before court I found out the BO had a lawyer (made me even more nervous). Went through about 3 hours of court. I testified first, then I called 2 witnesses and then the last person who testified was the BO. His lawyer asked me a bunch of questions and asked me why I accused him of stealing from me and told me that at some point I had to have known that he wasn't going to give me the colt. His lawyer also made the statement that the BO told him that I had agreed to leave my mare on his property while Dyllon was still nursing and that's why I was not asked to pay board (so why would the BO put in the certified letter I owed him board for horses if we had an agreement that I wouldn't pay board)!!!!! Then we both asked my witnesses questions.

One of my witnesses is the man who's barn my horses are currently at (I have a great boarding contract now!!!), and his lawyer was asking him questions making it seem like I neglected my mare because a while back she had an abscess from stepping on a nail (@ the BO's property), and her current cuts from the fence. I was able to requestion the NEW BO regarding the care of my mare after the lawyer tried to prove neglect and I asked him questions like when my mare jumped the fence when she was removed from her colt what did I do, and where did I stay. He replied with the truth which was that from that Friday evening until Sunday night about 9pm I did not leave their house. My mare instead of sleeping in the pasture slept in their actual back yard and I slept in their living room with only a window seperating us, and I was up and down all night long checking on her. He told the court I bathed her and doctored on her and spent every minute for 48 hours focused on her and nothing else and that I in no way neglected her one bit. He also told the court I sat outside with her for hours that Friday night calming her and just spending time with her because nobody else could calm her down.

The lawyer quesitoned the BO first and he made a lot of contradicting statements. Going in I knew I was going to ask him questions to get him fired up and it worked. He started getting confused and throwing his hands around and ended up basically messing up most of his "story". We broke for recess and when the judge came back he awarded me the request for emergency petition of return of property and stated that it was a permanent and not temporary decision. He stated that no additional fees would be awarded to either party. (The BO's attorney, the asked the judge if he would order me to pay the BO's attorney fees - DENIED!!!!!!)....... I ran to my apartment and grabbed my rain boots (been raining here for 4 days), and my friend ran and grabbed his trailer and we headed to the barn. We stood in the road for about 10 minutes and the BO finally came to the driveway and was like "He's your horse, go get him"...... took me all of 4 minutes to halter him and get him in the trailer and we were headed home.

Possibly one of my most favorite parts about court was that I got to question the BOand only his lawyer was allowed to question me. When I testified I quoted the letter out loud. When he got on the stand I questioned him about the letter.

I asked him the following questions, his answers follow the questions:

Do you remember telling the police officer you had no interest in keeping my horses you just wanted the money you requested in the letter? "YES"

Did you state that the $360 was for both horses? "YES"

Did I pay you $360? "YES"

Why when I returned to the property with the money for the horses did you then change your story and say that the $360 was only for my mare? "Because you brought the cops to my house and I was mad, so I decided not to give you Dyllon"

Wait, so your saying that the letter stated the $360 was for both horses, but that night you told the police officer it was only for one horse? "YES"


So basically he stated in court under oath that he lied to the police that night and only decided to give me one horse for $360. He also said he NEVER actually sold my colt and that he had always been on the property. I asked why he gave the $180 check the following day to the police to hand to me and he stated it was because he had decided not to give me the colt. I reiterated, but you just said you took $360 from me the night before. So you knew the night before you were doing the wrong thing and you just did it because you were mad that I brought the police to your house? YES, I was mad you brought the police and I decided not to give you the colt.......

And this is the certified letter for everyone who said that there is no way a police officer could have actually read what I stated and allowed the BO to keep the horse..... Read this.... IT REALLY HAPPENED!!!!! I took the names out of it just out of respect.

     
    07-13-2012, 08:32 PM
  #39
Green Broke
Wow....so, how much did the litigation cost you, if I might be so forward to ask?
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    07-13-2012, 10:13 PM
  #40
Weanling
I spent almost $1000 with filing fees, service fees, and the money I paid on the 19th when the police officers were present.
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