That is true. However, $2000 over 4 months is $500/month. That’s 21 months to pay for a horse, that is just into the 5 figures. If it’s going to take almost two years to pay for a horse, you don’t need the horse.
roamingnome, I don’t think your projection is realistic. I have often seen payment plans where there is essentially a “holding fee” because the owner is either trying to sell another horse, but doesn’t want to miss out, or else the owner has a reasonable surety of a big chunk of money coming available down the road (not two years away) and they don’t want the horse to be sold in the meantime.
I used to get paid a retention bonus every year that wasn’t contingent on anything. I seriously considered purchasing a horse that my monthly salary couldn’t immediately accommodate, but if I could “hold” the horse for four months, I could easily afford (it was a big bonus.) I decided not to proceed, but I don’t really see a problem with that type of purchase plan. Nor did the owner. As with any though, anything I paid during the four months was lost to me, regardless of whether or not I pursued the sale and ended up with the horse.
This arrangement sounds flaky for a lot of reasons, but no one involved said that it was going to take two years to pay off the horse.
I can see your point rugby, but I guess I’m just someone who wouldn’t be looking at a non-essential item until I could afford it. A house, a car, some other essential- sure take out a loan/payment plan. But a horse? No one needs a second horse, nor do they need a baby horse- this horse is both. I feel badly that the OP is in this situation, but I feel a lot worse for the owners.
They arent paying board, it’s the ladies farm, I pay for her feed and sawdust and everything. So she lost a stall that’s it
Oh, so you have been paying for the filly. In that case, I agree, pay for her care for a month to be nice, but be sure to put in writing that you are terminating the purchase agreement as of the current day.
If you don’t have a copy of the purchase agreement now, I am not sure I would worry about getting it unless you are hoping that it says something that gives you a partial refund. I don’t think you are any worse off without a contract at this point.
Good luck! I hope things turn around for you and that this mess is soon cleared up…and that the filly gets a great home.
[QUOTE=Guilherme;8128591]
If you’re still on Active Duty go see Legal Assistance in the JAG office NOW.
Right now you are protected to some extent by the Soldiers and Sailors Civil Relief Act. Once you separate that goes away. Maybe you have a “window of opportunity” to effect some sort of settlement.
Not having kept or obtained a copy of the contract was serious error. Learn from this and don’t do that again. The easy way to make sure you get a copy is require it before you turn over the cash or check. This not meant to be be a “kick while you’re down” but to ensure that it ends up in your personal “lessons learned” file. 
Frankly, you likely “dead in the water” if there’s no enforceable contract and you admit that you purchased the horse on time and have now defaulted. There are some alternatives but just what they are depends on where you live and where the creditor lives. You need to talk to a lawyer SOONEST.
Best of luck to you as you move forward.
G.[/QUOTE]
The Soldiers and Sailors relief act is primarily for debts incurred prior to being activated to active service from a reserve component. It would only delay civil court proceedings, and not prevent them. One would have to show that military duties would interfere with representation in court.
It is not a way to prevent being financially responsible for debts, nor should it be.
[QUOTE=JackandMo;8130985]
The Soldiers and Sailors relief act is primarily for debts incurred prior to being activated to active service from a reserve component. It would only delay civil court proceedings, and not prevent them. One would have to show that military duties would interfere with representation in court.
It is not a way to prevent being financially responsible for debts, nor should it be.[/QUOTE]
The Soldiers and Sailors Civil Relief Act does more than you describe. You are correct that it does not remove responsibility for debt. It does give protection from a number of procedural issues. Right now the OP is entitled to those protections; after she separates she will not be. That’s why she needs to the JAG Legal Assistance folks soonest.
G.
[mjdiete;8128607]The lady who is her “current owner” is the barn owner where I board. She is also military and told me JAG wouldn’t do anything
Is she of superior rank? If so, in court the purchase (especially if the $10,500 value can be demonstrated as unreasonable) could be demonstrated as
coerced by a superior to dominate or control, especially by exploiting fear
Talk to your military legal department now
[QUOTE=talkofthetown;8130363]
Just because I’m slightly paranoid and have seen way too many movies…
What are the odds that Current Owner drafts up a different/new contract, outlines some pretty harsh consequences if buyer defaults, and then forges signature on new contract? What leg would OP have to stand on? (This is just always a worry of mine if only one of two parties is holding a contract…)[/QUOTE]
I think that would be hard to do without forging a signature.
[QUOTE=Guilherme;8131086]The Soldiers and Sailors Civil Relief Act does more than you describe. You are correct that it does not remove responsibility for debt. It does give protection from a number of procedural issues. Right now the OP is entitled to those protections; after she separates she will not be. That’s why she needs to the JAG Legal Assistance folks soonest.
G.[/QUOTE]
[QUOTE=clanter;8131168]Is she of superior rank? If so, in court the purchase (especially if the $10,500 value can be demonstrated as unreasonable) could be demonstrated as
coerced by a superior to dominate or control, especially by exploiting fear
Talk to your military legal department now[/QUOTE]
JAG should at least help you get your contract, so you can see what you signed!
Can’t proceed or make sense of where you are without doing this first.
[QUOTE=clanter;8131168]
Is she of superior rank? If so, in court the purchase (especially if the $10,500 value can be demonstrated as unreasonable) could be demonstrated as
coerced by a superior to dominate or control, especially by exploiting fear
Talk to your military legal department now[/QUOTE]
It’s totally fair for the OP to use every remedy available under the law based on the FACTS, to make sure she isn’t penalized more than necessary. But it would be really unethical to trump up a lie (which is what the above would be) to invalidate the contract or otherwise cheat her way to a more favorable outcome. The OP sounds like she has enough integrity to not do that.
[QUOTE=clanter;8131168]
Is she of superior rank? If so, in court the purchase (especially if the $10,500 value can be demonstrated as unreasonable) could be demonstrated as
coerced by a superior to dominate or control, especially by exploiting fear
Talk to your military legal department now[/QUOTE]
That’s really sleazy to suggest saying you were coerced into buying a horse just to get out of any penalties involved in breaking a contract.
OP didn’t say that the original owner was JAG, just that original owner didn’t think JAG would do anything for her. Nothing in this thread shows that the OP was wronged in any way.
IME dealing with subordinates who got themselves into debt, JAG, Navy Relief and the like were not quick to get involved and were not in the business of relieving military personnel of debts that were honestly, although stupidly, incurred. OP didn’t buy the horse at USA Discounters.
The owner owns the barn so no one pays board. I pay for food and shavings and expenses.
I wouldn’t say she coerced me ever! I know I made my mistake and deeply regret it. I’m more interested in what the outcome would be in court under virginia law. I understand the sellers frustrations and rights to take me to court, I’m just hoping it doesn’t go that far.
[QUOTE=red mares;8131415]
Nothing in this thread shows that the OP was wronged in any way.[/QUOTE]
The OP is being threatened with legal action pursuant to a contract which the OP does not have a copy of and which the seller will not provide.
I don’t think anyone (including the OP) disputes that the OP started this mess, but at this point it looks an awful lot like the sellers are at the least jerking the OP around and maybe trying to pull a fast one.
Actually, now it makes me think the contract got shoved into a corner of some forgotten tack box and nobody has a copy unless/until it’s found.
[QUOTE=clanter;8131168]
Is she of superior rank? If so, in court the purchase (especially if the $10,500 value can be demonstrated as unreasonable) could be demonstrated as
coerced by a superior to dominate or control, especially by exploiting fear
Talk to your military legal department now[/QUOTE]
Yabbut, the BO isn’t the OP’s superior… just a person from whom she happened to want to buy a horse who is also in the military. Are you really suggesting that the OP tell this lie and pretend to have been coerced into buying a pretty expensive young horse? Really?
Hopefully the OP has got a copy of the contract from the other party so she can at least check to see if it is the same one she signed…
[QUOTE=Foxtrot’s;8131685]
Hopefully the OP has got a copy of the contract from the other party so she can at least check to see if it is the same one she signed…[/QUOTE]
From what other party?
The OP says she does not have a copy of the contract. She has been asking for it.
Well, worst case scenario is that you have a legal judgment against you, you are out the $ you paid and are out the horse, and maybe you are on the hook for court costs or other penalties. The first of these is the worst because it can affect your credit. Get a copy of the contract and talk to an attorney in VA and hopefully they can guide you in getting this thing settled before you get sued. Given the situation with the board, I don’t know if horse lien laws would also apply to your situation. Again, I will reiterate–you know you have to default on a contract where you owe money. Do not wait to be sued!
If filly is nice enough, I also think that trying to sell her to pay off the debt is not a bad idea unless you for sure want her to go back to the sellers. Then have an understanding of what your and their legal rights are and have a conversation with them (possibly with attorneys) and get this figured out.
OP does not have possession of the filly and never has. It’s never left the owner/seller’s property. OP makes payments only+food, shavings and " expenses" but filly has never left care, custody and control of owner/seller. That’s what makes this a little different then your average default.
I think people are being way too hard on the OP.
If I sold a horse on payments, I would, as the owner did here, retain physical custody of the horse and I would do it in full acceptance of the risk of the purchaser backing out of the deal for some reason. That’s why you set a higher purchase price for someone buying on payments as compared to someone paying cash and write a contract that lets you keep all payments previously made in case of default - to cover that risk.
Did the OP make a mistake? Sure, as she has already admitted and learned from.
But should the seller be all bent out of shape? No. It’s just the cost of doing business. If you decide to sell a horse on payments, you have to accept the risk that goes along with it.
