Stolen Pony - Page 3 - The Horse Forum
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post #21 of 39 Old 05-23-2013, 09:37 AM
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you need to get the witness to sign a affidavit to what they saw and heard even the barn owner that will help in court even if your sister dose not get the pony back she could get back her money It also shows she is not playing

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post #22 of 39 Old 05-23-2013, 09:44 AM
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Unless there's a signed bill of sale from T to the BO, I'm afraid your sister is out of luck.

T can always claim she was only leasing the pony to the BO, and with nothing in writing it's a he said/she said type of deal. Honestly, it could go either way with a judge, and does your sister really want to be out court courts and attorney fees for a pony she only had a month?

I'm sorry T turned out to be such a piece of work, but unless there's a written, signed bill of sale, there's not a whole lot the BO or your sister can do, especially since T already took the pony.
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post #23 of 39 Old 05-23-2013, 10:09 AM Thread Starter
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That is a conversation ill be having with my sister today. I know she is upset because she really adored Sabee, but this could cost her a lot of money in court and lawyer fees when there are some other really nice horses to chose from (with proper paper work).

She's still very upset and extremely angry, so I'm going to help her file a report and go to a lawyer consultation with her so I can help her in a decision on what she'd like to do from there. This free pony coul cost her a great deal if she doesn't let him go.

I feel aweful because the pony was showing signs of cushings (crest, frequent urination, sweat and inability to shed the last if his winter coat) and we wanted to get him tested and treated for it. Looks like that might not happen now.

I will update as much as I can when things progress.
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post #24 of 39 Old 05-23-2013, 02:37 PM
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This whole thing sounds off to me. What reputable BO doesn't have a transfer of ownership for ANYTHING in writing? And why would she just blow it off as your describe "Oh well, here are more horses to chose from"? This is a BIG deal. I don't care how close a friend is to me; if they did something like that, I would be doing everything I could to rectify the situation.

OP "T" wasn't having money issues was she and needed someone to pon the horse off of for a little while, was she?

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post #25 of 39 Old 05-23-2013, 02:44 PM
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Kind of sounds like a situation I've been seeing on FB a lady was given a horse an sold it to another lady for her daughter. A couple months later some lady is looking for the horse and goes to court over it( not the actual owner) she made a fake bill of sale I guess and even though the family who bought the horse had all records the court still gave the other lady the horse.

I'd say it could go either way I don't have any experience my self with something like that but it does sound weird that the BO didnt get a bill of sale and let T just take the horse. If it were me the horse wouldn't have been going anywhere.

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post #26 of 39 Old 05-23-2013, 04:40 PM
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How do we know the entire situation if most of it is heresay?

What I mean is, no one but the BO 'witnessed' T handing over ownership. What if that never happened?

What if it wasn't a transfer of ownership but a 'hey could you look after this horse for me' type thing?

There is just not enough fact. I feel since this pony was free and it is gone... and there's a chance of incuring a LOT of lawyer fees... I would put up ads asking for information on the pony's whereabouts and if nothing turns up, I'd honestly look at a different mount through proper adoption/purchase channels.

=/ Not to be a downer, I'd fight tooth and nail for my horse. But yeah... too many loose ends

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Last edited by Skyseternalangel; 05-23-2013 at 04:44 PM.
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post #27 of 39 Old 05-23-2013, 05:06 PM Thread Starter
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I've known the BO for 20 years and I know she would never give away a horse she didn't own. If someone at her barn doesn't want their horse anymore, they have the choice of surrendering the animal to the BO and the BO places it, or they sell it. The BO does not profit from surrenders. I guess the BO learned a lesson in getting things in writing, since a woman who she has known much longer than I've known her did this.

And I suppose she allowed the horse to leave because her hands were tied and she knew that. She didn't have paper work saying she was the legal owner of the horse. It was heresay. I've spoken with some people at the barn who were there and they all say that the woman who took the pony didn't deny surrendering the horse to the BO when the BO brought it up, and was well aware of the pony's new owner when the BO argued. Although I would have liked her to stop the trailer, she probably thought she didn't have grounds to without ownership documentation. So then she had to tell the pony's new owner (my sister) that the horse was taken, and it was her fault.

After some long thought, she probably did the right thing legally by allowing the horse to go. I am angry that we lost a horse due to a loophole that was never covered due to trust. I suggested to my sister when she aquired the horse that she get a bill of sale from the owner. The owner, at that time, was the BO. I have known this woman for far too long to ever think she would pull something this shady. I know for a fact that this situation didn't happen because she was trying to pull something.

The previous owner surrendered the horse due to finances and time. She could not afford him and was too busy with social life and her education to support him. She showed up with a trailer a month after the horse changed ownership and put him on her friends trailer, who then hauled him to Ohio.

I had a long talk with my sister about the situation. I told her that she might not see the horse again, even if she spends thousands in court costs and lawyer fees. I told her that due to heresay and no official documentation of ownership changing from T to the BO, she doesn't have much of a chance. So she's decided to gather all the bills that she aquired through this past month, copy them and send them to T with a letter requesting compensation for the time she paid for the pony as hers, while T still assumed ownership.

Someway or another, she'll be getting her money back. Whether it be through T or the BO.

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post #28 of 39 Old 05-23-2013, 05:14 PM
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Quote:
Originally Posted by Copperhead View Post
The previous owner surrendered the horse due to finances and time. She could not afford him and was too busy with social life and her education to support him. She showed up with a trailer a month after the horse changed ownership and put him on her friends trailer, who then hauled him to Ohio.
(I'm asking nicely...)

And where did this information come from? Was it from the BO, from T herself, or someone else entirely?

Quote:
Originally Posted by Copperhead View Post
So she's decided to gather all the bills that she aquired through this past month, copy them and send them to T with a letter requesting compensation for the time she paid for the pony as hers, while T still assumed ownership.

Someway or another, she'll be getting her money back. Whether it be through T or the BO.
Good for her, that's a great decision

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post #29 of 39 Old 05-23-2013, 05:43 PM Thread Starter
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We've had no personal contact with T. I asked why T was surrendering the horse, and that was the reason T gave the BO. Its not uncommon, to be honest. I know of four horses who are up there right now who were surrendered because the owners couldn't or didn't want to afford them anymore. They found homes within the barn.

I'm betting the next time this happens, the BO will have papers ready. She's been doing this for many years and someone had to stab her, I guess. I just contacted the BO and she said T has given her a check that covers the vet costs my sister paid for, and the BO is compensating her for last month's board.

The BO is a good woman. If something goes wrong, she'll try and make it right and she feels horrible this happened, especially since my sister grew so attached to the pony so quickly.

And those who were seen dancing were thought to be insane by those who could not hear the music
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post #30 of 39 Old 05-23-2013, 05:47 PM
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What about what she is out for training???

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