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-   -   Need legal advice.. Barn owner having problems and her mare being taken away. (http://www.horseforum.com/horse-law/need-legal-advice-barn-owner-having-144235/)

LovesMyDunnBoy 11-21-2012 11:45 AM

Need legal advice.. Barn owner having problems and her mare being taken away.
 
This will probably be long,

I'm going to set the situation for all of you. We will call my barn owner Allie, and one boarder Bras, and the married couple Karen and John.

I'll shorten the story as I'm about to leave.

Basicly, Karen and John gave her enough money to cover 4 horses but since then have brought two more. So the owe $150. Allie was going to buy a mare from them. So they made a verbal agreement a month ago that Shiney is her's and they would not pay anymore board and it go towards her payments. Now they won't sign the stall agreement (their third one) and are trying to say "we think we are moving" and trying to take Shiney. Allie is very upset. But aside from that, they think they don't owe money. Well, if Shiney was still their's to sell they owe Allie $150 for the other two horses, $150 for Shiney because she's been on full care (thinking she's her's) pay her back for the feed and hay Allie was using for her AND the 30 days of training we put on her. They have had NOTHING to do with that mare the whole last month. I don't understand. There is so much more but based on that what can we do? The mares name is Lil Miss Shiney Chex look her up on.youtube..she is nowhere near what she use to be..someone ruined her since 2009.
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Speed Racer 11-21-2012 11:49 AM

It's a he said-she said situation. Your BO should have known to get the agreement in writing.

Honestly, why do people do verbal anything when it comes to horses and financial matters?

So, unless your BO has some sort of written boarding contract and can prove that they haven't made any board payments, she's SOL.

The fluff about the 'poor ruined horsie' is unnecessary and has nothing to do with the situation.

LovesMyDunnBoy 11-21-2012 01:02 PM

Well, I was just mentioning about the fact that she's not even close to that mare in that video anymore. Yet they are trying to ask a lot of money because of what she did is 2009. She doesn't ride that well at all anymore. That's how it relates. I wasn't saying the "poor ruined horsie" and you could have asked how it related in a way that wasn't so rude. I wasn't looking for symathy. Anyway, she tried to get everything in writing multiple times but there was always an excuse from them.
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Saddlebag 11-21-2012 01:35 PM

The BO needs to show them the door at her convenience, by couble registered letter within 3 days of receipt of notice. She doesn't need people like that. Pay up or out. No excuses. Slim chance she'll get her money and if she's hoping she will she's a fool.

themacpack 11-21-2012 01:40 PM

Quote:

Originally Posted by LovesMyDunnBoy (Post 1766914)
Well, I was just mentioning about the fact that she's not even close to that mare in that video anymore. Yet they are trying to ask a lot of money because of what she did is 2009. She doesn't ride that well at all anymore. That's how it relates. I wasn't saying the "poor ruined horsie" and you could have asked how it related in a way that wasn't so rude. I wasn't looking for symathy. Anyway, she tried to get everything in writing multiple times but there was always an excuse from them.
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And yet she continued to allow the status quo to be - and that is why she is in the mess she is in now. She basically volunteered for this by not insisting and ending the "arrangement" when her requests for written agreements were not met.

Speed Racer 11-21-2012 01:45 PM

Quote:

Originally Posted by LovesMyDunnBoy (Post 1766914)
Well, I was just mentioning about the fact that she's not even close to that mare in that video anymore. Yet they are trying to ask a lot of money because of what she did is 2009. She doesn't ride that well at all anymore. That's how it relates. I wasn't saying the "poor ruined horsie" and you could have asked how it related in a way that wasn't so rude.

YOU said the horse was 'ruined'. If you think I'm rude, then maybe you shouldn't be so dramatic about everything. :?

How the woman rides or what's happening with the horse has nothing to do with the legality of the situation, so is nothing but a bid to seek sympathy for your BO.

Any owner can ask any price for a horse. Whether or not that price is realistic is another thing entirely.

Quote:

Originally Posted by LovesMyDunnBoy (Post 1766914)
Anyway, she tried to get everything in writing multiple times but there was always an excuse from them.

Then it's time to boot them out and learn from her mistakes. It's unlikely she'll be able to get money or the horse from them, since she has nothing in writing.

DancingArabian 11-21-2012 01:53 PM

Legally , I don't think it's her horse. No bill of sale. She needs to make them leave - with or without that horse. No more boarders until everything is in writing
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nikelodeon79 11-21-2012 02:29 PM

If she's had the vet out to check on the horse and the bills are in her name she might be able to prove ownership.
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nikelodeon79 11-21-2012 02:32 PM

The burden as far as paying board would fall on the boarders to prove they HAD paid. Other boarders could testify as far as the usual rate in lieu of a written contact.
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Chevaux 11-21-2012 03:24 PM

Quote:

Originally Posted by nikelodeon79 (Post 1767068)
The burden as far as paying board would fall on the boarders to prove they HAD paid. Other boarders could testify as far as the usual rate in lieu of a written contact.
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That's a good point. She may end up losing the horse but at least she can recoup the boarding fees owing. On the other hand if she does take that tactic, she might put the owners in a position to rethink what they are doing. Either way, she had better start documenting, checking out the law for her area and sending letters of intent, etc.


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