Owner Looking for 2 Older Horses Sold At Auction in NJ, Camelot - Page 3 - The Horse Forum
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post #21 of 30 Old 01-07-2014, 04:30 PM
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Quote:
Originally Posted by franknbeans View Post

I cannot have a whole lot of sympathy for someone who didn't pay for 2.5 yrs and now wants the horses back. Sorry.

I have zero sympathy for the owner but it isn't fair to the horses either. I am very confused about the actual details. You would think she (the barn owner) would have taken the horses for herself rather then dump that at such an auction where she would likely not get anything for them. Especially if one was lame. Poor horses. Sounds like a crap situation all the way around and once again, the animals suffer.
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post #22 of 30 Old 01-07-2014, 05:00 PM Thread Starter
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To clear things up...

The horses were at my barn 3 years ago, I don't know how long they were at my barn, I'm guessing it was 6-12 months that they were at our barn.

The horses were OFF PROPERTY at their owners house for 2-3 years.

I guess she had not paid her board in full, though I do not know how much she owed.

(This is way past the 30 day mark, so our BO is able to take them.)

My BO trailered them back recently.

They were here for 2 days.

They were gone after those 2 days.

I thought they went back to their owner.

They didn't go back to their owner because she posted looking for them on Camelot Weekly the night the horses would have gone through - and posted several times later looking for them.

I'm JUST worried that they got sent to slaughter because one was definitely 18+ and the other was definitely 20+, one was lame, they both looked in bad condition.

I am JUST looking to see if anyone has seen them in the NJ area because I'd like to know if they are safe.

Their owner just wants them back so they can "live out their retirement in peace".

She is willing to pay for them. I'm just hoping that these horses are safe.

I hope you understand the story now. I didn't think it was a confusing story until everyone started picking it apart. Now, if anyone has seen these geldings, please pm me!
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post #23 of 30 Old 01-07-2014, 05:29 PM
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Thanks for clarifying. From this, it sounds like it may be an old dispute over $$ owed. I am guessing here, but if that is the case, and your BO went and got the horses to sell them to try and recoup the debt, IMO is just plain wrong. If there was $$ owed, the horses should not have been allowed to leave in the first place. If, indeed, the BO went and got them for this reason and I was the owner-I would be calling the police, since that is stealing.

I am pretty sure there are 3 sides to this story, just as any other-perhaps even 4 in this case. The owner, the BO, the truth, and the OP. No offense, OP, but you have no idea who did what to whom, and neither do we.

I hope the horses are safe. THey do deserve better than all this "stuff".

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post #24 of 30 Old 01-07-2014, 06:50 PM
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It does appear that what the BO did was illegal. The barn owner can claim the horses as long as they were on his property.

Once the horses left the BO's property it is a matter of small claims. If the BO did not get a court order to remove the horses, than what she/he did was stealing.

If you are in contact with the horse's owner, I would encourage her to go to the police.

It is not legal to go to someone's property (3 years later!) and take someone's horses. Not without a court order, and not without proper notice to the owner. Even if that person owes you money...

For example, say I leave my apartment and don't pay my rent- the landlords can't just go to my house one day 3 years later, open my garage and steal anything I have of value!

Most states have a statute of limitations. After 3 years the BO may have been outside that statute of limitations and unable to collect.

What the barn owner did was very questionable as to whether it was legal or not. Yes, he may have been owed money, but in most states you cannot just charge onto someone's private property, load up their horses when they aren't home, and auction them off. It would be different if the horses were on the BO's property, but it is a whole other story if they were on private property.

The horses owner would be well advised to go to the police. If this is a case of stolen horses, the police could probably locate the horses much quicker than asking around facebook and a bunch of online forums.

It is not like the owner will be in trouble for attempting to make a police report... Either what the BO did was legal or it wasn't.

I feel sorry for the horses, but I think some of the blame lies with their owner. If they were my horses, I would have been at the police station the moment I saw them missing.
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post #25 of 30 Old 01-07-2014, 07:24 PM
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Hopefully the BO did more than just show up on someone's property, load the horses and dump them at an auction...regardless of the back story on why she did it, I would consider this theft and if it could be proved, filing criminal charges against the BO.

I actually looked into this on Texas recently (our BO was having some issues with a border not paying).

How do I foreclose on a stable keeper's lien? Your foreclosure has to comply with Section 70.005 of the Texas Property Code. Under that section, you must: 1) have possession of the horse for 60 days after the date the charges accrue; 2) make a written request to the owner to pay the unpaid bill; and 3) if the charges are not paid on or before the 11th day after you made demand for payment, you may sell the horse at public auction after giving the horse owner 20 days’ written notice.

Also from that article:

Remember—the stable keeper’s lien is a possessory lien. This means that if you give the horse back to the owner before the bill is paid, the stable keeper’s lien is, practically speaking, no longer enforceable. In that case, you will need to file suit against the debtor to collect the unpaid board. This is why it is essential to obtain a written board agreement from every customer that contains the date you started boarding the horse, sets forth your fee for board, and includes an agreement that your customer will pay out-of-pocket expenses for care such as worming, farrier, supplements, and vet work.
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post #26 of 30 Old 01-07-2014, 08:20 PM
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Isnt there a time limit as well for claiming animals due to liens etc?

Maybe the owner can contact Netposse- https://www.netposse.com/ - and see if they can help her get word out/see what legal options she has.

Good luck

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post #27 of 30 Old 01-07-2014, 09:04 PM Thread Starter
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Quote:
Originally Posted by franknbeans View Post
Thanks for clarifying. From this, it sounds like it may be an old dispute over $$ owed. I am guessing here, but if that is the case, and your BO went and got the horses to sell them to try and recoup the debt, IMO is just plain wrong. If there was $$ owed, the horses should not have been allowed to leave in the first place. If, indeed, the BO went and got them for this reason and I was the owner-I would be calling the police, since that is stealing.

I am pretty sure there are 3 sides to this story, just as any other-perhaps even 4 in this case. The owner, the BO, the truth, and the OP. No offense, OP, but you have no idea who did what to whom, and neither do we.

I hope the horses are safe. THey do deserve better than all this "stuff".
But I never claimed to know everything... Why has this turned in to a question of legality? All I am saying is that if anyone sees the geldings, they could contact me to let me know they are safe. How many times do I have to say it!?

I'm getting really frustrated here. I am not trying to say I know everything. I am SIMPLY trying to find these horses, and I posted on here as many people here are knowledgable and many people are from NJ and I am hoping that SOMEONE has bought these horses from the auction and have given them good homes.

I only want to know that they are safe. What's done is done. I am ONLY trying to look at the future, not the past.

It's none of my business what happened, I don't want to know what happened between my BO and their owner. I feel bad because if I'd known they were going to auction I may have helped the owner find the money to keep them. That's all.

So if anyone has seen them, I'd like to be notified so I can let their owner know their whereabouts and that they are safe.
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post #28 of 30 Old 01-08-2014, 02:00 PM
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Taylor- I think we know you are trying to find them. The problem is this is an international forum. It is very unlikely that someone over the internet is going to know where they are.

The best thing you can do, is if you know the owner's name or where she lives, is to stop by and talk to her about it. If what the BO did was illegal, the owner would need to fill out a police report and the police could find the horses or at least find out who bought them from the auction. You could always go down to the police department with the owner as moral support.

The best people in position to find those horses are the police. You may try calling the Camelot auction, but since you are not the horse's owner, you may not be able to get any information from them.

I'm sorry, but short of the police getting involved and looking for those horses, there is very little you can do. You may want to try contacting any rescues in the area, but it is a long shot.

In general, finding a horse with such little information would be very difficult. For all we know, the BO could have lied and the horses went to a different auction than Camelot.

Goodluck in your search.
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post #29 of 30 Old 01-08-2014, 10:57 PM Thread Starter
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I've done all that I am able to do, and I posted on here knowing it might not help - but with the hope that it might. Isn't that why there's a Stolen Horse forum on here? To find missing horses? I'm just asking people in the NJ to keep an eye out.

I know its a long shot… I didn't expect so much criticism for trying to help these horses.
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post #30 of 30 Old 01-08-2014, 11:07 PM
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Its not so much criticism as free speech. Just gotta take it in stride.

Everybody in here genuinely wants to help they just also like having the full picture and sometimes its not always conveyed in a practical easy to read manner (especially being a multi national site) and with high emotional topics such as this its even more touchy and sensitive for all involved.

Anyways good luck, hope the outcome is good and please keep us updated if you're willing
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