Disgruntled boarder - Update

[Luseride]

A person contacted me the end of July, wanted to move her retired horse. We pick her up August 1st, field board, contract, etc. I move one of my mares to be with her as her horse was always with another horse.

Senior feed, supplements owner supplied, plenty of grass plus a round bale. Owner makes a comment the day we move her about how horses in the South never get a square meal. We were also feeding Alfalfa square bales.

Next month owner wants to move her to pasture board. Because of “life” she is still on partial board for two and a half more weeks. Move her to pasture board with a couple of horses and a mule. Owner does not see her horse for ten until days later. I had told her horse had lost weight while on partial board.

Before she checked her I did tell her I was concerned as I had an older boarded horse, which I had once owned, then boarded, for many years, pass away. I wanted her to understand that I felt pasture board was not for her horse.

A couple of days later she texted me that they could not find water in the field. There are three tanks in different locations but the owner had been there so did not know where they were… I sent her pictures that night of two overflowing and one half full.

Three days later she said she was moving her horse and would send the 30 days notification fee. She did not send it.

Today I got a text she wants to take me to court. I called and she basically said never to contact her again and was taking me to court.

I know I did due diligence. I know my horses that were with her horse either were overweight or gained weight.

I know someone else had dealt with this. I do have a signed contract in hand.

Update
Finally went to mediation. She was asking for a little over $2,000. She did tell some untruths, saying she supplied the feed and a few other things. I had the signed contract in hand, pictures, and had printed out copies of text expressing my concerns. The mediator had owned horses at one point which was positive.

I did end up paying a couple of hundred dollars back to her to avoid court which would have cost me more than that just in lost income from being in court. We now have a policy that we will not board for anyone that we have not already had business with in one form or another. Another good thing is she can not change her mind and come back later and try for more money.

[SummerRose]

@Luseride

Today I got a text she wants to take me to court. I called and she basically said never to contact her again and was taking me to court.

Did she state damages? Why is she taking you to court? What is she saying that she will be asking for?

Did she move the horse, or is it still there?

I expect she gets through life by bullying people and threatening lawsuits but if you aren’t out much money, that’s one I’d see out the door ASAP as per your contract without worrying about any board she may owe. I know that she should pay what she owes, but IMO it usually isn’t worth trying to collect, as long as the horse is removed before it costs the barn owner too much.

If you do receive a summons, your first call should be to a lawyer. If it’s small claims and you choose to represent yourself, collect whatever evidence you have that you gave the horse proper care and as per your agreement (pics, copies of all communications, witnesses for you, if you can get them to appear), stay on top of all court dates and deadlines, and appear if necessary with your evidence and the facts. The odds that she’ll actually drag you to court are slim but the chances that she’ll prevail even if she does are even slimmer if you do end up going to court.

[Kinda_Kooky]

From working as a paralegal I can broadly comment on the situation. You may receive a demand letter stating the damages and what compensation is expected by a particular date.

That is typically the beginning of something potentially heading to Court with a situation like this. A Summons is of course possible, but demand letters are the norm.
Contact an Attorney as Summer Rose suggested if you have questions about the situation or your contract, just for piece of mind if nothing else.

She may be bluffing just to avoid payment.

Keep your evidence in order and be prepared, a signed contract is great to have. Because of “life” with this litigiously threatening person, I really hope it’s just a bluff.

Good luck to you!

[trubandloki]

My guess (clearly I do not know for a fact) is that she is threatening you with court so you do not come after her for the 30 day notice payment you are expecting.

[Luseride]

She wants her two months board back, $500, $300 for partial and $200 for pasture. It really should be more but I was trying to help her out. I don’t really seeing a lawyer taking her case but as always trying to find more information.

[Luseride]

Thank you. Life was on my end and she actually got care she was not paying for. I see that as in my favor. I do have a contract. I don’t care about the notice board but I would rather she not spread false information about my farm.

[Luseride]

All I had replied when she said she was moving her horse was okay but I had not thought about that part of it.

[trubandloki]

@Luseride

I would rather she not spread false information about my farm.

I would not lose sleep about that.

If your place is reputable, and she barn hops, most people will realize the source is not reliable and those that believe her are not someone you want there anyway.

[SummerRose]

IANAL, but that’s a non-starter.

Some people are utterly nuts so it isn’t outside of the realm of possibility that she might actually sue but I think the chances are astronomically small.

Hopefully she’ll get her horse moved ASAP if it isn’t already gone and you can just be glad that she showed her true colors relatively quickly.

If anyone does mention her or anything negative that she’s said about you in the future, I’d just respond with a simple and professional “it wasn’t a good fit for the the barn” and leave it at that. I seriously doubt that anything she could say could actually hurt you if you actually provide good care.

[SusanO]

I gather she is looking for some poor sucker to listen to her sad tale and transport her horse for free. Then she will want the cheapest boarding situation and complain that the horse loses weight. And will want to move the horse again when she finds her next mark. The only problem with this strategy is that people talk and you run out of places that will take a boarder like this.

I guess if she takes you to small claims court you can counter with additional charges that she did not pay for. But maybe I have watched too much day time television.

[S1969]

@Luseride

She wants her two months board back, $500, $300 for partial and $200 for pasture. It really should be more but I was trying to help her out. I don’t really seeing a lawyer taking her case but as always trying to find more information.

Did she give a reason for wanting board $ back? It’s so unreasonable that I agree a lawyer won’t likely take her case. She can take you to small claims court, and if that’s the case I’d be like “yeah, let’s go!!” Bring everything you have - write up an entire history of what occurred - day by day. (Like “moved horse to pasture board on August 1”…“August 10, owner drops by and cannot find water tanks” etc.)

You allowed her horse to live on your property and gave it food and water and supplements as scheduled. What claim would give her grounds to claim she shouldn’t pay?

(FWIW, I don’t know the difference between “field board” and “pasture board” so I would be sure that you have full definitions of the difference including cost and responsibilities in case you need to explain.)

[Luseride]

This is true. I only board a couple of horses and the owners are happy. I will take note and take a boarder again that o do not know.

[Luseride]

I actually have barn inspection reports from the state that are extra positive. We do lessons and have a few boarders and all have been happy.

[Luseride]

You are correct

[Luseride]

Field board meant grain daily. Senior feed in fact. Pasture board is just grass and would have been hay as needed.

[TheJenners]

@Luseride

Field board meant grain daily. Senior feed in fact. Pasture board is just grass and would have been hay as needed.

@Luseride

We pick her up August 1st, field board, contract, etc.

@Luseride

Next month owner wants to move her to pasture board. Because of “life” she is still on partial board for two and a half more weeks.

She wanted her horse to get less amenities and is coming after you for … her horse losing weight? Hmm.

Eh I’ve been threatened to be sued. Haven’t yet (knock on wood). Stay the course. Horse people are nuts.

[OverandOnward]

Remember to save off all of the texts, sooner rather than later. Likely they aren’t going anywhere, but make sure you have them on your hard drive. You can screen shot (I know it will be a gazillion screen shots) AND there is probably an option on your phone to download them as well.

I have heard of courts insisting on having documentation of text communication in certain formats, so I’d save it as many formats as possible, even though that’s redundant. I don’t know a lot about all the formats. But it’s up to whatever judge, and the background and habits of judges aren’t always mainstream.

Also, in your place, I’d look this person up on your local court dockets and see if they have been up to anything else in the local legal realm. If so, it might offer some insight. Either in person or online, however it works where you are. If you aren’t sure how to look someone up in the court system, a visit to the county clerk’s office will probably find some guidance.

If she does sue and you do end up talking to a lawyer, ask about filing a counter-suit for whatever she hasn’t yet paid you, plus whatever an aggressive attorney can come up with about the nuisance value of her suit. It probably wouldn’t yield anything if you did. But in the unlikely chance this ends up with a court judgment against you, it might be a bargaining chip. It’s worth a conversation – it this gets that far, hopefully it doesn’t.

She sounds like a real piece of work. Maybe start using a tone like you are a mean unforgiving s.o.b. yourself, when you talk to her. You don’t have to say anything unprofessional, just sound as if you are thinking it. Bullies and scammers are sometimes easily intimidated. They have a lot of unpleasantness in their lives anyway, and like to stick to people that they can easily bulldoze. Let her get the idea that you might be mean and vindictive yourself. However much acting that might take on your side.

I think this point is interesting – You said that you didn’t think her horse would fare well on pasture board, even before that is what happened. She brings him in on a care level that sounds appropriate, then drops him down to a level where he is certain to start looking poorly. I wonder how many times she has moved this poor horse and pulled this move, leaving with unpaid board and threats of lawsuits.

[Luseride]

I wonder that myself now. I rarely have had boarders that were not first customers through lessons or leasing so did not think to do background investigations.
I do have text and dates along with a contract. I believe her husband is pushing the issue. She is out of area for weeks at a time.

[NaturallyHappy]

There is great advice above. I’m just chiming in to say I’m sorry.

[Bogie]

Although it’s hard not to be bothered by this situation, there’s a big difference from someone saying they will sue and actually getting sued. Not a lawyer, but my father is one. When someone threatened to sue me (a contractor who sent me a bill for 3x what I’d signed off on), my father’s advice was say as little as possible, not try to explain anything, and try not to let it drive me nuts. I hope this lady is all bluff and takes her horse and disappears.