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Question of horse ownership (long story, but no idea what to think)

This is a discussion on Question of horse ownership (long story, but no idea what to think) within the Horse Law forums, part of the Horse Resources category

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        10-05-2012, 08:12 PM
      #21
    Green Broke
    I would just have your sister talk to the service member and see if an arrangement can be made...she basically just had a free lease.

    If there was never an agreement that your sister could have the horse to own then its not her horse.
    Best thing to do now is contact the lady who owns the horse and see if your sister can lease him still or buy him from her or something.
         
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        10-07-2012, 09:19 PM
      #22
    Showing
    She could try asking for reimbursement but may get told Nobody asked her to spend money on the horse. In Ontario the moment board is overdue the stable owner has an automatic lien on the horse. A notice must be published in a local newpaper naming the owner and amount of debt at time of publication. If no response the horse can then be sold at public auction. It cannot be sold privately. The BO is entitled to reasonable costs plus board owing and the owner gets the remainder. So the Barn Owner would become the new owner, not your sister. Most provinces and states have similar laws. Ours is under the Innkeepers Act. Some are under the Warehouseman's Lien because the horse is being stored at the stable.
         
        10-13-2012, 03:16 PM
      #23
    Weanling
    In Kansas, you cannot hold a horse because someone isn't paying you. You can file for abandonment after 10 days of non payment (there has to be a contract) AFTER a certified letter has been mailed and shown to have been recieved, but not answered. Google your states horse laws.

    I agree that this sounds like she was free leasing, and there had been plenty of contact between owner and your sister. She could try Itemizing costs and what not but with no formal contract- I think your sis is SOL>


    ALSO- Im married to a service member. If this chick is still keeping a horse stateside, that kinda means she has plans to come home at some point...BUT the military pretty much decides when and to where you go and for how long. I hope she's just overseas on a PCS as apposed to a deployment, because most people don't WANT TO BE DEPLOYED> so shame on the poster who called her a crappy owner and suggested hiding the horse- your a winner.


    Oh and one more thing, Military members get free legal counsel, so I don't really suggest fighting this, as it wont cost her a thing
         
        10-13-2012, 04:07 PM
      #24
    Trained
    Actually, military lawyers normally will NOT handle cases like this. They are often not licensed to practice law in the local state, so they can only handle federal matters and certain other things like wills. At least, that is what a military lawyer told me.

    As of a year ago, in Arizona, the state bar had a phone number you could call to ask for legal advice. You explain the problem, then a $35 payment (credit card over the phone) buys you 30 minutes face-to-face with a lawyer who specializes in your problem. You might see if your state has something like this. Legal advice over the Internet is scary. If you have money already spent, spend a bit more and talk to a licensed lawyer...
         
        10-13-2012, 04:44 PM
      #25
    Weanling
    Quote:
    Originally Posted by bsms    
    Actually, military lawyers normally will NOT handle cases like this. They are often not licensed to practice law in the local state, so they can only handle federal matters and certain other things like wills. At least, that is what a military lawyer told me.

    As of a year ago, in Arizona, the state bar had a phone number you could call to ask for legal advice. You explain the problem, then a $35 payment (credit card over the phone) buys you 30 minutes face-to-face with a lawyer who specializes in your problem. You might see if your state has something like this. Legal advice over the Internet is scary. If you have money already spent, spend a bit more and talk to a licensed lawyer...
    If you say so. Around here (army area) they use local civi lawyers hired into on post positions... same thing with doctors, dentists, vets ect. Sure there may be some army educated, but they definetly have a civilian work force as well. You would be surprised at some of the crap a soldier can get himself into on the local level...so they have to have people educated in local matters.
         
        10-13-2012, 04:56 PM
      #26
    Weanling
    Not to say that other branches aren't different... this is just what I see on an army base.
         

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