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- - Do I need to be worried about losing my horse!? (http://www.horseforum.com/horse-law/do-i-need-worried-about-losing-117591/)
Do I need to be worried about losing my horse!?
Okay, so long story short my appaloosa's first owner recently contacted me about buying her back. They got denied their loan, so then she went to the state and claimed that the horse was stolen.
At that point the issue was with Kim, the lady that bought the horse from the 1st, and I bought the horse from Kim. We'll call the original owner Mia for now.
We had to talk to the police yada yada yada, and after a couple hours the police "closed the criminal case", we have 'Mia's' "FOR SALE" ad she had posted on Craiglist (the police got it with her email since craiglists saves all posts now) and Kim has all the evidence of her BUYING the horse from her.
So we have established that Kim legally bought said horse from Mia, and I legally bought the horse from Kim.
I have had this mare since August 10, 2011 and I have paid for all her expences, training, feed everything and neither Kim or I have ever heard from this lady until now.
Well since the whole "Stolen horse" case has been put to rest, she has applied to the APHC to get her registerastion papers which say she is the owner.
I never got the papers, Mia lost them when selling the horse and the breeder died to I never hunted down his partner for them.
When I looked up about the papers all I found was that the person listed as owner on registration papers is considered to be owner of the record and they do not serve as proof of ownership.
Am I right?
This horse is mine right? Do I need to be worried if she takes me to civil court?
Let me know if you need any addition information.
I have all emails about them buying the horse back from me, and I also have Kim's emails about the horse (Kim has my back and I have hers)
Kim legally bought the horse from Mia
I legally bought the horse from Kim
I have had the horse since August 10, 2011, paid for everything.
Registration papers for horses are not the same as registering your car.
Registering a car establishes you as the legal owner.
Registering a horse establishes the horse's membership with a particluar organization (usually based upon bloodlines).
Legally, you should be in the clear.
As a practical matter though - you need to make sure your horse is staying at a secure location. You don't want to risk this nut-job trying to steal the horse back.
If KIM has proof of purchase there is not a thing MIA THE MORON can do about it. And like Daisy said make sure your horse is in a secure location and give all who can see her the heads up. ENJOY YOUR HORSE!
Thanks, yea they don't know where I live, and you cant see her from the road.
I'm also letting my neighbors know they dont like strangers coming onto their farms anyway.
Funny the first owner didn't declare the horse stolen the day it was "stolen" That is something the police would question. If she keeps pushing this the police will have a little chat with her to stop wasting their time. She can take this to court. Don't be scared if she does. It's not criminal court and it's fairly informal. The magistrate will hear both sides of the argument, ask some questions. (don't think it's like Judge Juday). If you are served with a summons, call the court house and inquire a bout putting in for your expenses to attend court - lost time at work, travel, etc. Also both of you should have your sale receipts and a list of expenses for maintaining the horse. If, and it's a remote possibility, if he should award first owner the horse, he may also include the cost of keeping the horse at both places. They try to be fair. She may present an inflated value of the horse so have a list of what unregistered horses sell for in your area. The magistrate will have no idea.
Those papers don't add up to a hill of beans in situations such as this. If you have your bill of sale and the person you bought your horse from does as well, then you are good to go. It doesn't even really have to be a bill of sale. Vet records, feed receipts, etc. will go a long way. I think Mia is grasping at straws here.
I learned this because I got into a battle over a horse. I do know how you feel. I will spare you the ugly details, but it scared me enough to hire an attorney. All the info I have shared with you was what came directly from my attorney.
The way I see it, Mia has a hell of a long row to hoe if she thinks she is getting this horse back by any other means than buying it.
Enjoy your horse.
Some people are unbelievable. I don't think you have anything to worry about, but she is obviously a nut job, so watch your back!
Just to cement things, contact the breed association that your horse is registered with and explain the chain of ownership and that you want a dup. set of papers issued to you. It may take a DNA test and some photos but you should be able to do it.
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