Of course you are still here… you were just reloading.:lol:
Or… The defendant can just file bankruptcy here in Ca. and most likely walk away from it all. :no:
[QUOTE=Sonesta;6528558]
Just a note here from a trial lawyer regarding judgments:
In most states (probably all, but I am not licensed or familiar with the laws of every state, so cannot say for certain), once you get a judgment against someone, you first have to wait for the judgment to become final (you must give the defendant time to appeal). When the judgment becomes final, then you have to execute on that judgment. To do this takes more time and money and legal fees.
You apply to the court for a writ of execution that must then be served by the proper authorities. Those authorities generally serve the writ on the defendant and demand immediate payment. If they do not receive payment, they can then begin seizing non-exempt property that will then be sold to try and satisfy the judgment.
All this takes a great deal of time, effort and money. Many successful plaintiffs just don’t have the funds to do it - or the defendants don’t have sufficient assets to seize and sell. And there are VERY tricky laws regarding what you can and cannot seize - and if you seize something that is not subject to seizure, there are bad penalties attached so that many plaintiffs are afraid to try it.
And in some states you can hit the defendant’s bank account with a writ of garnishment or attachment that will then seize whatever funds are at that moment in the account - but most defendants are wise to this and keep changing bank accounts or banks or never let money sit in the account long enough for the plaintiff to learn on what day to execute the writ.
So, most sucessful plaintiffs file their judgments in the property records of the county in which the defendant resides and it puts a lien on the defendant’s real property which then cannot legally be sold without the lien/judgment being paid from the proceeds.[/QUOTE]
Saddest part is her parents got that place for her. And she ruined it.
I’m sure losing the house was the least of their heartbreak in this situation.
don’t pilots ever fly? He is on ignore anyway. Really don’t care about what he has to say!
I figured he was making these kind of annoucements on his flights:
“This is your captain speaking. If you posted concerning Gray Fox Farm on the sporthorse forum on the Chronicle of the Horse bulletin board recently, please move to the last row of seats and don’t expect a complimentary beverage. For the rest of you, have a pleasant flight!”
[QUOTE=Kwill;6528776]
I figured he was making these kind of annoucements on his flights:
“This is your captain speaking. If you posted concerning Gray Fox Farm on the sporthorse forum on the Chronicle of the Horse bulletin board recently, please move to the last row of seats and don’t expect a complimentary beverage. For the rest of you, have a pleasant flight!”[/QUOTE]
:lol:
Bankruptcy, tax fraud or evasion…
[QUOTE=misita;6528645]
Or… The defendant can just file bankruptcy here in Ca. and most likely walk away from it all. :no:[/QUOTE]
Yes, they can, BUT, the assets that you are allowed to exempt in a bankruptcy are pretty limited. All of the horses etc would be subject to the bankruptcy liquidation…and if she suddenly starts selling off assets in anticipation of judgements etc, they can be reclaimed and included, see the case of the rich horse guy in FL that killed someone while drunk driving and tried to transfer assets to his girlfriend and children so they couldn’t be seized to pay for any future judgement. He did this WELL ahead of the legal action, but after the accident. The courts voided the transfers and included the assets.
I have had some contact from a person"in the know" who is gathering internet evidence of horse/foal sales and reported stud fees sold posted by Jill on various internet sites and is compiling them to be sent to the CA Dept of Revenue and the IRS for an investigation for tax fraud. Her defense to this of course would be that she didn’t really own that foal, or that she only sold 25 breedings to Redwine, not 96 as she represented, which if it turns out to be true, is then just more evidence of fraud for the AG or FBI, so it’s a win win. Thank you to them for doing that for me. I realize the Federal IRS and be very slow, but in MANY states, the State Dept of Revenue can be relentless, and they then report to the IRS. The more different ways we approach this from, the more likely one of them will result in some action being taken.
Ah my harpies those talons certainly stay sharp.
Hey ok so we all agree that Gray Fox Farms continually breaches contracts and engages in criminal acts with clients and customers. I think we all over the board agree on that. Something we CAN do those of us on this board chatting out the sides of our mouths can do is this…
Where do we go from here?
As more people know Jill will need to get rid of horses for lack of clients ( Lord Willing!) keep an eye and keep in touch. Use a “runner” “middle man” to purchase the remaining registered stock so we can get them to safe places. If you care for the breed that much if you care for the well being of the horses then you are thinking of a safe way to get the horses out of there. That would be purchase. I’m more than sure there are people close enough. Even I would consider.
I would hate for Jill to truly feel the backlash and then hoard what is left or auction to kill buyers for kicks. And that is not the only worst case scenario as we pull back the shades.
please!
Good job! What about the whole CFIA/USDA angle? Couldn’t that get her charged criminally and FAST if she signed off on the zoosanitary certificates herself and didnt get her vet to sign them? Has anyone looked into that yet?
[QUOTE=Lynnwood;6528526]
So have there been any successful judgments against Jill Burnell of Gray Fox Farm for all the monetary delinquency’s ?[/QUOTE]
[QUOTE=Long Spot;6528555]Successful as in: A court said “Jill you owe this person $$$ money. I find in the favor of the plaintiff”.
or successful as in: “Dear so and so, here is the money the court says I owe you. Signed, Jill”. ?[/QUOTE]
There are three judgments shown in Sonoma County (do not know if she has other ones in other areas - I believe the one from John French is in San Mateo County).
The judgment was ordered by the courts in favor of the plaintiffs.
The judgments were recorded (to show the public what is owned) and still appear outstanding in the public records.
Usually if someone satisfies a judgments, they record a notice of satisfaction - That has not happened with any of these judgments (or the warrant from back east, or the money owed to French).
While not an attorney, I agree with Sonesta – next step would be writ of attachment, which means more legal fees, headache etc for the victims. Meanwhile Jill just keeps up doing what she has been doing…
[QUOTE=Daventry;6529062]
Good job! What about the whole CFIA/USDA angle? Couldn’t that get her charged criminally and FAST if she signed off on the zoosanitary certificates herself and didnt get her vet to sign them? Has anyone looked into that yet?[/QUOTE]
I have had a contact from the law enforcement person in Canada and there is progress, but nothing for publication just yet.
[QUOTE=Appsolute;6529098]
While not an attorney, I agree with Sonesta – next step would be writ of attachment, which means more legal fees, headache etc for the victims. Meanwhile Jill just keeps up doing what she has been doing…[/QUOTE]
I am an attorney and don’t know what you are talking about From what I can tell, equinedriver is in contact with all the right people. Let them figure it out.
I’m assuming any Stallion Owners who potentially falsify zoosanitary certificates would be in HUGE trouble with the CFIA/USDA. I assume it would mean criminal charges, as it effects breeders in Canada. With Canada being CEM free, I’m betting there would be big repercussions with someone potenitally compromising the entire system. Lets hope no one has ever thought of stooping that low! :no:
equinedriver, you are doing an amazing job … please be careful. This kind of work can make people very angry.
[QUOTE=Discobold;6529166]
I am an attorney and don’t know what you are talking about From what I can tell, equinedriver is in contact with all the right people. Let them figure it out.[/QUOTE]
I am talking about the people who have already taken Jill Burnell to court, were awarded a judgement. And then were never able to collect from Jill (there are judgements recorded in Sonoma county - a feed store and a vet are among those who have been awarded judgements).
Guess I should have said writ of “execution” rather than attachment.
A writ of execution (also known as an execution) is a court order granted in to put in force a judgment of possession obtained by a plaintiff from a court.[1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor. Such property will often then be sold in a sheriff’s sale and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment.
Generally, execution is unnecessary for defendants who pay verdicts against themselves voluntarily. However, some defendants ignore judgments against them, and thereby force plaintiffs to employ writs of execution to actually enforce judgments.
What are the ramifications if a Stallion Owner is falsifying zoosanitary certificates when shipping semen across the U.S./Canada border? Does it end up affecting the rest of us? Can they close the border because they don’t trust breeders to follow the rules? Or is it only going to affect that one breeder?
[QUOTE=Daventry;6529331]
What are the ramifications if a Stallion Owner is falsifying zoosanitary certificates when shipping semen across the U.S./Canada border? Does it end up affecting the rest of us? Can they close the border because they don’t trust breeders to follow the rules? Or is it only going to affect that one breeder?[/QUOTE]
That is a good question. I’d love to know how Canada would proceed if they learned someone in the U.S. had been falsifying zoosanitary certificates on semen shipping into Canada.
[QUOTE=DownYonder;6529838]
That is a good question. I’d love to know how Canada would proceed if they learned someone in the U.S. had been falsifying zoosanitary certificates on semen shipping into Canada.[/QUOTE]
I may be wrong, but I think you will find that the issue will be on the U.S. side of things. The documents that would have been falsified or forged would be U.S. documents. I suspect that it would have some pretty major ramifications for anyone that did so and would come under Federal jurisdiction.