Boarder has dumped their horse

[QUOTE=scrbear11;9002329]
Palm Beach, I am venturing to say you do not board horses. Where am I to take this horse if “back to the owner” is a condo in Downtown Washington DC?

Mare is happily eating her mound of hay on this lovely 5 degree morning. I spoke with her owner on Friday afternoon. While she still REFUSES to transfer ownership directly to me, she has agreed to allow me to find horse a home, she will sign bill of sale. I’ll do what I need to in order to find a soft place for this horse.

Anyone want a 17 hand Oldenburg mare?! Kidding COTH Moderator… Once I have an “agent” (totally rolling my eyes on at this, since the only thing I’m getting out of this extra work and hassle is finding a good home for this mare) contract signed by the owner, I will post something in the Giveaway section.

Bright side, I’ve filled her stall. My wonderful friend has moved into the area, and needs a place to board horse. She will be moving her horse in the early spring.[/QUOTE]

The bold is mine.

The post where you stated the owner’s health had taken a turn for the worse and she was hospitalized has disappeared.

Perhaps others will remember it, perhaps not.

[QUOTE=scrbear11;8993670]
I’m in a pickle. I’m sure I will have to consult an attorney, but hoping for some potential guidance from you all before I have to spend $$$ on legal advice.

I have a small farm in Virginia. I like to cater to high maintenance retirees, so I do have a few owners who are absentee, and it’s not uncommon to receive retirement inquiries from people out of state.

In mid-October I received an inquiry from a man, looking for retirement board for his girlfriend’s horse. He lives in Maryland, the horse is in Northern Virginia (close to the MD/VA line) but with a trainer. The girlfriend is not going to be able to ride for some time due to an accident, and due to the horse’s age they would like to move horse into a retirement facility where he special needs can be catered to. OK that’s fine. I get in touch with training facility, ask the normal questions, included “Does he pay on time.” “Yep, pays on time.” Stories match up. Trainer needs to move horse to make room for a new training horse. Horse moves to my farm on October 31st. Man pays me with a credit card (authorized for one use). No issues.

On November 20th, I send out December 1 invoices. He confirms receipt via email. And says that girlfriend’s health has taken a downward turn. Riding is not in the forseeable future. He wants to find someone to lease the horse. I start asking questions and get a bad gut feeling…

This mare was supposed to be retired. She’s 20. Wasn’t the plan for her to stay here long term to be retired?

December 1 rolls around. No check in the mail. No new credit card authorization. I email. No response. $25 late fee. Send a new invoice. December 5th rolls around. Still no payment. No communication. I call. No answer. I try girlfriend. No answer. I finally email trainer. She tells me the entire story…

They did this to her too. She gives me the contact information for the girlfriend’s mother. I contact mother. Mother is apologetic, but has no money to pay for horse. I keep in contact with mother.

December 7th rolls around. Late fee #2. Another $25. Email invoice. I email, call, text. No response. December 13th rolls around. I email, call, text. Finally I threaten warrant in debt on boyfriend. He calls back 5 minutes later.

Meanwhile, I have been communicating with mother. I offer escape from debt by having ownership of horse transferred to me. HOWEVER- girlfriend has to sign the transfer since girlfriend owns the horse. Girlfriend refuses.

Boyfriend finally pays me on December 15th. We talk this over. He has spoken to girlfriend. They want to keep the horse. I agree to keep horse for them but I need a credit card authorization, authorizing recurring payments SIGNED. After much harassing, he signs on December 23rd. OK. Maybe drama is over.

WRONG. I ran credit card provided yesterday. DECLINED.

I email, no response. Text, no response. I pick up the phone to call at 10am. One ring, then right to voicemail. I call him multiple times through out the day. Same thing. I called him at 8am this morning, straight to voicemail.

I texted, emailed, called girlfriend. No response.

I have emailed Mother. No response.

I emailed him new invoice with late fee #1. No response. Put a read receipt on it. Hasn’t been read yet.

It appears that he has blocked my phone number. My text messages (imessages) are not marked “delivered” either.

So it appears they have dumped the horse. Virginia has a wonderful law protecting me, which provides a lien on the animal. I believe I can send them notice via USPS with return receipt, that I intend on selling horse. But I’m not sure how this works.

Any words of wisdom?[/QUOTE]

Csaper58- If YOU read the original post THOROUGHLY, the OP NEVER states the horse’s owner is hospitalized, only that she could not ride as she was in an accident and had taken a turn for the worse.

As you can plainly see, the original post has not been edited.

I would suggest if you are going to decide to take someone on, you at least get YOUR facts straight. Why don’t you channel your misplaced energy into something productive?

OP, you could not pay me enough to board horses. I’d rather be set on fire. I’m a business person, and not wealthy enough to support other people’s horses on my own dime, which happens to EVERY barn owner. You will find countless threads on situations similar to your own over the years. Get a month’s deposit and kick them out the first time the don’t pay up. Contracts are not worth the paper they are printed on, and it’s up to the barn owner to chase down the owner, take them to court, and then try to extract payment once the judgment is in place. Or maybe the barn owner gets stuck with a worthless animal they then have to try to sell for whatever they can get. It’s so much easier to just turn off your computer and go home and ride.

  1. Being unable to ride a horse does not constitute a medical crisis.

  2. Usury requires that there be an agreement of loan or credit and in this case there is none. Services are paid in advance of rendering and failure to pay represents breach of contract for which there are stated remedies in the contract. Fixed penalties in a situation that is not a debt transaction (I give you money with the expectation that you repay me that money) do not constitute usury. See also residential lease agreements where fixed penalties apply for nonpayment. Further, if any of this is in a signed agreement, then I am really interested as to how you would make a “good case” for usury.

Late fees are generally considered to be liquidated damages for administrative costs related to collecting on the contractually agreed amount.

Note that I am not barred nor do I wish to be in Virginia.

OP, sorry the mess landed at your door step, I’m sure you are trying to do right by the horse. I wonder if the actual owner is aware of what is happening to her horse; if the boyfriend and mother are telling her a story so she won’t be worried about her horse because her health has turned for the worse.

I hope the horse lands softly with a new owner. I feel for the horse, these kinds of threads always make me sad for the animal that is caught in a bad situation.

[QUOTE=soloudinhere;9003850]

  1. Being unable to ride a horse does not constitute a medical crisis.[/QUOTE]

No kidding. I am unable to ride for medical/physical reasons; have been for 5 years. It in no way affects my ability to pay board. Even when it flares up, it doesn’t affect my ability to write and mail a check.

[QUOTE=cutter99;9003692]
Csaper58- If YOU read the original post THOROUGHLY, the OP NEVER states the horse’s owner is hospitalized, only that she could not ride as she was in an accident and had taken a turn for the worse.

As you can plainly see, the original post has not been edited.

I would suggest if you are going to decide to take someone on, you at least get YOUR facts straight. Why don’t you channel your misplaced energy into something productive?[/QUOTE]

Thank you cutter99… but as you can clearly see, if you read carefully, the above is not the post I was referring to.

My post #45 on 1/6/17 mentions the hospitalization.

The post that I read that info in is now gone.

Since I am not able to edit or quote any posts, I have no idea how I would delete anything.

If you go back through all of my responses, none have been edited.

The owner has not been hospitalized since the horse has been in my care.

[QUOTE=scrbear11;9004076]
Since I am not able to edit or quote any posts, I have no idea how I would delete anything.

If you go back through all of my responses, none have been edited.

The owner has not been hospitalized since the horse has been in my care.[/QUOTE]

You are able, see post# 27

I quoted someone. Not edited. None of my posts have been edited.

[QUOTE=csaper58;9004166]
You are able, see post# 27[/QUOTE]

Quoting does not require the forum functions to work properly. It can be accomplished very easily by typing the right things.

[QUOTE=scrbear11;9004076]
Since I am not able to edit or quote any posts, I have no idea how I would delete anything.

If you go back through all of my responses, none have been edited.

The owner has not been hospitalized since the horse has been in my care.[/QUOTE]

You quoted me. in that post.

And you can delete and edit if you can quote.

[QUOTE=csaper58;9004188]
You quoted me. in that post.

And you can delete and edit if you can quote.[/QUOTE]

Give it up. The situation is not as you think it is. You can quote me on that.

Again, csaper58, I can find NOT ONE REFERENCE where the OP said ANYTHING about the horse’s owner being hospitalized. The only person who has mentioned it is you.

Obviously this thread bothers you, so maybe it would be to you benefit to not read anymore of it and find a real atrocity in life to champion.

You can see at the bottom of the post if it has been edited. Not rocket science!

Csaper, you are argumentative when you really don’t have to be. (And with several lawyers on the board). Your other posts on COTH are generally helpful and supportive. So is something going on for you? You don’t have to answer, but it’s something you might consider.

Not to mention that becoming hospitalized AFTER agreeing to a contract doesn’t allow you to make an argument about problems having to do with formation…

[QUOTE=csaper58;9004188]
You quoted me. in that post.

And you can delete and edit if you can quote.[/QUOTE]
Read the post above this quoted post by you.

You can quote with out using the forum’s functions. Being able to quote does not mean you can use the edit or delete function, no matter how many times you want to say it does.

Also unless a post is edited almost immediately, there is a line at the bottom indicating that the post has been edited. I don’t see that line on the OP’s posts on this thread, which would suggest that unless she IMMEDIATELY edited her posts, she hasn’t edited them.

If you are not able to quote and edit after this tutorial, you should be hospitalized.

PB, it’s considerably harder on a smart phone, which is how I so sometimes post