The Horse Forum

The Horse Forum (/)
-   Horse Law (http://www.horseforum.com/horse-law/)
-   -   Loaned money for emergency vet care - denied repayment (http://www.horseforum.com/horse-law/loaned-money-emergency-vet-care-denied-135240/)

threehorses 08-20-2012 07:17 PM

Loaned money for emergency vet care - denied repayment
 
Hi everyone. I'm new to the forum and have a sticky and icky situation that I've fallen into. I was in the process of buying a mare, hadn't bought her yet, and was boarding her at a stable. The day before I paid for her, I got a phone call saying my mare escaped her stall, teased a stallion, the stallion broke down his stall door and then broke down a gelding's stall door and completely savaged a gelding. My (pending) mare was unhurt, the gelding was down, and another boarder was calling me for help.

I got down there to find the little gelding in extreme white-gummed shock, laying down, and with a lot of lost blood with what looked like a mountain-lion's bite on his neck (from the stallion). The owner wasn't coming down even though he knew about the horse, hadn't called a vet, and wasn't going to. The horse was in terrible condition to start with - had just showed up at the barn the day before, a 3 condition with old wounds and looked like he wanted to die.

I got the horse up, washed the wounds, assessed the situation, and found a vet that would come out if the owner wanted. He did nothing. I got an idea and offered to the owner, on the phone, to LOAN him the money so that he could have a vet come out, give the horse banamine, treat the wounds, etc. I said that he could pay me back in cash, or maybe we could work something out to where he could work some of it off if he wanted as well. I offered that as an option to him - since he was doing nothing. He agreed to those terms.

I called the vet who then spoke to the owner who agreed to the care and talked with the vet about how much care, etc. The vet came out and saw this neglected horse who had one shoe hanging on the front, one on the back, overgrown hooves, and some hoodie from a jacket around his neck covering an old untreated wound. He was upset, I was upset about this horse - but he treated it and gave me medicines and things to treat the horse and give the owner.

On the invoice, he stated the treatment of the horse and wrote that I was paying the bill that day with expectations of being paid back. He said he wrote that on the invoice to protect me, and he reduced the bill by over $100 because "YOU are doing the right thing for this horse - this is for you, not the owner".

I asked advice on what to do about the other horses and this horse at the barn which should have had the SPCA called on them - they're that bad. I explained I was trying to educate one of the owners who had 2 horses, but this would be a 3rd one - and what were my options? He said that it would be hard to get the SPCA or animal control to do anything if the horses had minimal care: hay and water, which they did at that time. He said I did have that option however if they didn't start doing better. I thanked him for his advice. I think and I both thought that maybe they would do better - since they HAD to. We were both wrong.

After the vet left, the owner came down that night and sprayed the horse's wounds. I said that I would give the first few days of medicine and treat the wound for those three days and that he could start when the bute meds started. I gave him instructions to check the wound when he came each evening and spray the horse for flies and wash where the surgical drain would be draining serum and gunk to keep the horse clean. I also explained that we put him in a clean stall and his stall needed to be clean as the wound was on the neck and was hard to bandage.

Day one went great. Day 2-3 I cared for the wound so it was wonderful. Day 4, I gave the first dose of bute and left it at the tack room. I explained how to care for the wound from this point out and he had a copy of the care instructions and invoice.

He stopped caring for the wound and stopped cleaning the stall. He stopped feeding the horse and eventually stopped showing up. He did show up one day and whined "can't we stitch this wound up or something?" the day after I removed the surgical drain. I explained that the vet did all the stitching that was safe, that the wound had to drain til it was healed.

The wound became so infected that you could smell it from 3 feet away. his cousin came once and cleaned the wound and pushed the crap in the stall to one side - but then left the rake in the stall, tines up, and that was that for a few days.

I gave in and started taking the horse out to clean it myself. I called the owner to talk to him but he didn't show up. I set another date to talk to him but he didn't show up. I found the horse with a filthy stall again, no hay, and this time no water. I cleaned the stall, watered the horse, gave him some of our feed, and that night I spent an hour cleaning that horse's wound while the owner's father ate bbq at a party at the barn. Again the owner stood me up.

The next day I caught him at the barn. I told him we needed to talk. I told him the horse deserved feed and water, and HAD to have medical care daily. I explained that the wound had worsened. He had never yet offered to pay me anything and it was 2 weeks since the bill was paid. I explained he still had the option of paying it all, paying part of it and working part of it off, or - given the added care the horse would now need and the scarring - that he also had the option of relinquishing the horse to me to dissolve the vet bills. I explained that I would care for the horse for the rest of his life even if he wasn't ridable, he'd be a pasture companion - it was an option. He never said anything except "I'll think about that - I was thinking of buying that other horse" (another horse at the barn).

I asked him to go ahead and at this point just let me take care of the wound, and he would feed the horse - because I had reversed the infection and wanted to see it heal completely - we were so close. I reminded him that legally horses must have water and some food available daily and that if someone knew about his horse, the HSPCA could very well seize him. I reminded him that the vet knew about the horse's condition before and now and that it would be in his best interest to feed the horse daily and make sure his wound was tended.

He agreed. Yet, he came down for the next two days and sprayed different medicines on the wound - didn't clean them, just covered them with purple "because I can see the purple". I cleaned the purple and the dirt/crap out of the wounds and retreated them cleanly and covered them with polo bandages. The wound was 1 day short of being closed and then the owner locked the horse's stall and disappeared. This was 3 days ago.

Today I called to talk to the owner about paying this bill that he has yet to mention. When I did, he said he might pay some... I said that well, it doesn't really work like that, and I was in the process of moving the mare and I'd like to talk to him about paying. He said that he wasn't going to pay the bill because my mare caused the injuries.

I reminded him that the stallion caused the injuries, that my horse did nothing to his horse, and that i was not the owner of the stallion. He said "Yeah well - your horse started it!" I reminded him that while he was MIA, I was the one down there paying for more sprays, spending hours on the wound's care, doing some pretty gross stuff, and at one point giving the horse feed and water because he couldn't be bothered. I asked what I had done to him to cause him to decide now not to pay. He had agreed when I called to paying the entire thing back. He said "you said I could work some of it off". I reminded him "yes, and in the last 21 days you've made absolutely no effort to do anything at all towards that end and you still owe me the $360 vet bill.

He refuses to pay, said I could get a lawyer if I wanted, but that I owe him because my mare got out. I told him that I most certainly would because his word to me was that he agreed to the terms, and this was the first time he was backing out.

So now I'm stuck.

I know that with boarders, if you incur a debt that you have to wait for 60 days while you ask it to be paid. I know that in Texas at that point you can write a letter saying "you have 10 days". At the end of 10 days, you are allowed to take the horse if the debt is not paid without a public notice - or so I've read for Texas law. But what about this situation?

The vet is willing to go to court for me to stand up and testify to the animal's beneath-legal condition and even old untreated wounds. He also was kind enough that time to write ON the invoice that he was treating because the owner and I both knew that the owner agreed to paying back the bill.

The thing is - the stallion's owner is my dear friend. He's even offered to pay some of the bill because i was upset (and crying). I refused, but I know that if anyone has liability it is the stallion owner, not me. I technically didn't even own the mare until the very next day when I purchased her; I was just caring for her.

Does anyone have any advice other than of course contacting an equine lawyer? Has anyone been in this situation? I'm already out over $500 for the vet bill, the added medicines, the gauzes and iodine and other things I had to buy to re-clean the infected wound so that it wouldn't go systemic, much less my time.

Any advice would be GREATLY appreciated.

threehorses 08-20-2012 07:19 PM

As if that weren't long enough :lol: I forgot to add that some "well meaning" person about halfway through, the day I was to remove the drain tub, dumped a package of hydrated lime on the wound. Ugh. I had to call the vet to ask "what do I do with this? Pull the drain anyway?" Talk about nasty. it burned the horse's skin off. That's when I had enough. Thanks again!

Delfina 08-20-2012 07:22 PM

Do you have a contract in writing where he agrees to pay you? If you don't have anything in writing signed by him, you have a very, very slim chance of recovering any $$.

I'm not saying you aren't right, I'm just saying that without a signed, written agreement it's going to be next to impossible to get a judge to listen to "he said, she said" and find in your favor.

franknbeans 08-20-2012 07:33 PM

Whew. What a saga. First-the SPCA should be involved. I cannot believe you stay at this place, but, if you continue to, I would guess you will end up a lot more out of pocket, since obviously the BO and some of the owners do not care.

Legally-I doubt there is anything you can do. You have no proof, from what I read, that this idiot agreed to pay you back. It will turn out to be your word against his. I am afraid you have done a really good thing for this horse, but it will end up being a donation. Sorry, but true. Pleas get the SPCA involed-especially if there are others at this place who are in need.

Chevaux 08-20-2012 08:50 PM

Where are you from ThreeHorses (as in country)?

KarrotKreek 08-20-2012 08:51 PM

Ok, verbal contracts are hard to enforce... but they are contracts if you can prove them. The vet spoke to the owner prior to the treatment and can witness the agreement as well as recorded it on the bill. So you have a leg to stand on. Will it still be a finger pointing mess? Sure.

Your BO should really be involved in this... Neglect on their property under their watch is an issue. However it sounds like the resolution would likely just be to kick the horses out since the owner is unresponsive.

Joe4d 08-20-2012 09:57 PM

seriously it doesnt seem like you even have a verbal contract. He basically said sure whatever on the phone after repeated calls. Legally about all you could do was report the neglect or pay the bill yourself. WHat does the barn owner have to say about this. WHy does he/she even allow a boarder like this ?

Celeste 08-20-2012 10:20 PM

If the owner is not interested in this horse, maybe he would give him to you. Then if you get him well, you could sell him. Maybe? You might recoup some of your money.

nikelodeon79 08-21-2012 10:23 AM

If I had "loaned" money in an instance like that I wouldn't expect to get it back. Not that you SHOULDN'T get it back, but I highly doubt this sleaze bag will ever pay you.

I would do what Celeste suggests and offer to take the gelding in exchange for your payment of the vet bill and the care you've already provided. In the very least, it gets the horse out of a horrible situation.

If he turns you down, use that vet's testimony to the SPCA... refusing to provide adequate veterinary care is cause for pressing charges/removal of an animal in most states.

Speed Racer 08-21-2012 10:30 AM

The OP already offered to take the horse in lieu of payment, y'all. The owner said 'he'd think about it', but obviously nothing came of it.

OP, if the vet is willing to go to bat for you and overheard your end of the phone conversation with the owner about repaying you the money, you may have a chance of recovering some of it. Since it's small claims court, you won't really need an attorney.

I do wonder why you're keeping your animal in such an obvious hell-hole, though.


All times are GMT -4. The time now is 10:10 AM.

Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.6.0