Curious if anyone can provide insight. While in college I free leased my pony to my trainer. She agreed to cover all expenses (board, vet, farrier, etc) in exchange for use in her lesson program. Worked out great. Fast forward 8.5 years. We have a falling out. The agreement that I had signed stated that should I want the horse back I just need to provide 6 months notice (suitable time to find a replacement). I do this and with in 6 weeks get a letter stating I abandoned the horse 8.5 years ago and owe back board, and she states she never signed the agreement. During this 8.5 years we we’re on good terms, I had multiple other horses boarded at the facility, lived on the facility, and taught lessons for her. She never once asked for money for the said pony. Has anyone else had a similar situation?
Probably would be good for you to start pulling together any written documentation you have that supports your side of the story. What does your written contract say about who is responsible for the expenses? And do you have a copy that is signed by both parties? Were you an adult when you signed the contract? Do you have any e-mail communications that substantiate your side of the story? Do you have your original bill of sale? Are the registration papers still in your name? Did the horse show and if so, who was listed as the owner?
In many states if a horse is truly abandoned, the trainer has to go through certain steps before they can legally claim ownership of the property. Inform yourself about you state’s statutes regarding these issues.
If you have a friend or family member that practices law, it might be a good idea to ask them for some direction.
Keep us informed!!
Find your documentation and talk to an equine lawyer. This is beyond our ability to help you.
What has been said about the documentation is correct; you need to get that in order and seek legal help.
My question is about the pony/horse – you called it both. It seems that things have continued swimmingly until there was a falling out and custody of said horse is part of the fall-out. How old is this horse? Does it have any particular value? Is it doing well at this barn? Do you have a pressing need for this horse?
I would put the best interests of the horse first. It may be better for the horse to stay at the barn and remain a schoolie. Or perhaps it needs a retirement that you can offer. I don’t know, but your argument needs to be informed what works best for the horse.
^^^^Sorry, but this is ridiculous. Trainer is both a bully and a thief.
Get your paperwork together and call a lawyer.
G.
Sadly, it is not uncommon for trailers to bully clients. Sometimes they will say things that are totally outrageous, hoping that the person will go along with it in the name of making a buck or two (or more).
Good documentation and knowledge of the law will help you.
Guilherme is right. You want a good contracts lawyer, does not have to be “equine” lawyer, and you want a lawyer who is not afraid to go to court. If you have a written, signed by both parties contract, you are going to win. Demand legal fees and punitive damages. It sounds like this horse or pony has made a lot of money for the trainer.
Unwritten agreements are very difficult for either party to prove. I hope you have one in writing. If not, it’s a he-said, she-said situation. Definitely like others have said, gather everything you can in regards to emails, texts, folks at the barn who know about the agreement, etc. Do you have a written contract for your horses that you boarded legitimately that are signed by both? If so, and you do not have one for the pony that can be shown to prove you are a boarder of the pony (which is what she is stating), that helps. She has to prove herself as well. Good luck and definitely get an attorney. Ask for references.
Trainer decided in her own mind that you had actually given her the horse, and it’s likely a key part of her lesson program.
If you have actual signed documents that prove your position then refer her to them.
I know a trainer that pulled something like this, claimed a horse was given to her because the owner was in financial crisis and couldn’t afford it, nothing in writing. A couple years later owners wanted horse back to sell, trainer went ballistic, owners turned up early am and took horse. Trainer huffed and fussed and no one is talking to each other any more. There was no legal recourse for trainer as obviously owner never signed a boarding contract and there was no bill of sale.
I was unimpressed.
Just go get your horse and have the sheriff on speed dial. As said, trainer will huff and puff but she/he can’t do anything without a bill of sale–EVEN IF what he/she said was true. These things happen. Just go get your horse.
It sounds like you have something in writing, which is good. I agree with everyone else that any other supporting documentation (text messages, emails, etc) that you have that back up that the trainer agreed to a free lease should also be gathered up as soon as possible. Hopefully you have a bill of sale or transfer of ownership from when you acquired the pony as well. You said the trainer is claiming she never signed the agreement. . . did she? This is a lesson. . . never have a one sided contract. BOTH parties should always sign when making an agreement like this (if nothing else learn from the neon-orange trashcan fire of a President and his failure to sign is own NDA. . . )
The trainer is pissed because she doesn’t like you anymore (you said you had a falling out) and she has been making good money off of this pony (I would guess). Now she’s going to lose a good schoolie to a person she doesn’t like, and she thinks she can bully you out of it.
It wouldn’t hurt to talk to a lawyer before you did anything, especially if you have a signed agreement with a six-month notice period (that is a ridiculously long period of time–who needs 6 MONTHS to find a replacement schoolie? Or did you mean 6 weeks?). If you go and get the horse (like some have suggested) prior to this notice period ending, YOU are breaching the contract as much as she is. You have to weigh what you know about this trainer and how deep her vindictiveness goes. . . if you go and get the horse and she drags you to small claims court, a judge could/would probably find you are the legal owner (as long as you have the documentation you say you do) but could find you liable to the trainer for her loss of use of the pony because you breached the notice period. I have no idea why you would agree to such a long notice period, but you have, and it’s too late to change it now.
If you actually meant the notice period was 6 weeks, and it’s up, then you should probably arrange to go get the pony as soon as possible, before he/she goes poof and you never see them again because trainer “sold” them (IE gave them to a friend until you give up) and deal with the repercussions afterward. Chances are trainer won’t do much as she doesn’t actually have anything in writing that she owns the pony, but even if she does try to drag you to court at least you have the pony back and safe.
Disclaimer: this is not legal advice.
OP did you and trainer have a falling out before you asked for horse back, or is the falling out because you asked for the horse back?
I read it as the latter, but if it’s the former this all makes more sense.
You and trainer have a fight about some thing else. Trainer thinks you were wrong. Then you ask for horse back because of this fight and trainer figures she has nothing to lose by continuing the fight with horse as pawn. Trainer thinks you are only asking for horse now to get back at her, and you won’t look after him correctly. Etc.
I had been working for her and gave my notice that I would be moving off the property, taking my horses that I did board with her, and no longer working for her. The departure was supposed to be amicable, I was hoping to remain on good terms. When I left and told her I would be back for the pony in 6 months per our agreement she told me I was a horrible person, I was never allowed on the property, and I would never get my pony back.
Screw the six months, unless you have THAT in writing. Anything can (and will) happen in six months.
Go get your pony before this crazy wench does something harmful to it.
Ugh… why must people get all dramatic because people move on from work relationships?
That is horrible OP. I would get my coggins and any bill of sale or proof of ownership and go pick up the pony NOW. Good luck and let us know how it all works out.
Go pick up the pony now. F… her.
As of 9 April, I’m changing this, since a police report on the theft of this horse was filed eight days before the OP came on here with this story. And the trainer that apparently had this animal for years, had to file a stableman’s lien and buy the horse back at auction. If what the trainer/owner says is true, then the OP should be ashamed of lying to all of us like this. And stealing animals that no longer belong to you is a big deal legally, so maybe the OP should get a clue, and not make the legal charges worse.
Not really a good idea. Unless, of course, you want to meet some of the criminal justice personnel in your area.
In theory if you can recover possession of your property in the hands of another who has refused to return it to you without breach of the peace then you have the right to do so. But breaking and entering the property of another using burglary tools would likely be a burglary and that is a breach of the peace. Criminal trespass may or may not be a breach depending on local law. Civil trespass likely would not be a breach. But whatever it is depends on local law.
If you want the pony, get lawyer.
G.
Do you make decisions for this pony? Has she sent you texts/emails about vet or farrier inquiries? Is the vet account in your name? Any witnesses over the years that could confirm the trainer acknowledged the pony belonged to you?
Just FYI - you physically could go steal your horse back however if this goes to court and you snuck onto the property in the middle of the night to steal your horse, the ownership of which is currently in dispute, it’s going to look REALLY bad to the judge.
Given what you’ve said, you have some things working for you. You’ve had other horses ship in and train with this trainer in the interim that this pony has been used in her lesson program? The judge is also going to question why she hasn’t invoiced or inquired about board payment of this horse and allowed you to bring additional ones in and out of the farm. That simply does not follow her narrative of abandonment.
