Free lease gone bad

Not to mention the age difference, the times the BO kept supporting OP, with more than one horse, OP working for BO, the “long time friendship”, then some horses could leave, but this one couldn’t? And the one is a professional? Plus, the BO knows who has the horse, but the police haven’t been able to find the pony in a week or more, if they are thinking of returning it to BO?! Again, I vote story #3, and CAN’T WAIT for Judge Judy!!!

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The post I saw on the barn FB page had the BOs name. On the BOs page there is a long back and forth where the BO says I know you want to defend your daughter. It is plausible that I read incorrectly after my day at work today.:lol:

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I found the post on the barn FB page, and the post on the BO page. Where did you see all this info?

Agreed, very different from OP.

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In the comments on the BOs page people started asking/saying is this where my tack went

Just read back through the post. Found it. Wow. O_o

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Right???

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Seems that some got a little hasty with their pitchforks and torches against trainer. :cool:

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I think this is the first time, since I’ve been here, that people haven’t been overly critical of a new poster. Guess that shows us!

Dear god I was afraid to post. And asked what I thought would be dumb questions through pms when I joined.

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Are you referring to me? Because if you are, I was asking for more evidence or information, there was no pitchfork. And I kept adding ‘if OP story is true’

Oh, no. Sorry. There were a few early on that got very personal, with not a lot of info, and making assumptions that don’t have anything to do with the matter. Just rubbed me the wrong way to see someone who potentially had a horse taken then dragged through the dirt.

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Well… there are a lot of colorful people in the horseworld on both ends - riders and pros! :smiley:

I hope the horse is recovered.

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Ain’t that the truth!

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Ugh… I feel like there are no winners here and one loser: The poor pony.

So, I can’t stand it when BO’s charge board on a horse being used full-time in a lesson program and the owners isn’t using the horse at all. That should be a free lease. In this case, I would say that the BO isn’t owed any money for board on the pony, but does own the pony at this point since there weren’t any real contracts for the situation. However, sounds like the OP owes $$ on board for other horses as well; seems like there is more justification for her being owed that money than a pony she was using in her lesson program. It is a cute pony and it is getting used, so this garbage about not needing the pony is garbage. I can guarantee you if the pony wasn’t cute, sound or a pretty color nobody would be claiming ownership of it at 21.

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It seems that in this case the BO felt that it wasn’t a free lease or discount in board situation because the pony’s owner allegedly said that she was giving the BO the pony. If that was the case, then the BO was just using her own pony for lessons.

I am a bit surprised at all of the posters suggesting that BO should just let the pony go to avoid drama or because the pony is older. The BO has stated that the OP had limited financial resources and that several of her horses, including this pony, were allowed to get in poor condition under her care. If someone gave me a horse that I had for 8 years, I would get attached. I wouldn’t just let the horse go back to a bad situation because I didn’t want to cause “drama.” I have a very ugly giveaway companion horse that is over 20. I wouldn’t want to see him starved or kept in poor condition for any reason. I’ve had him for about 6 years and at this point I’m quite attached. To me it is a really dim view of horse owners to assume that no one would care about a horse if they couldn’t use the horse.
My own disclaimer here is that I do not know any of the parties involved, the law in CT, etc. However … for those who are doubtful, auctioning off abandoned property seems fairly typical of how these situations are dealt with to me. If a court did grant the BO ownership of the pony, then this isn’t drama or a misunderstanding or anything except theft, pure and simple. It would be just as if the prior owner of my horse or your horse came and took him in the middle of the night.

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The trainer is part of the drama.

Obviously if the trainer thought OP had given her the pony, she would have no expectations the OP would be paying board on the pony.

When the trainer said “if you want pony back you need to pay 8 years if back board,” this is a not uncommon way for trainers to respond when they want to make it impossible for someone to retrieve a horse.

It’s playing dirty. But it also puts the trainer in an awkward position because they are in fact acknowledging the owner is the owner.

The trainer says she then took the step of getting a lien on the pony so that trainer could auction her to herself and become legal owner.

I am curious how the lien process works because if there was no boarding contract in place then there was no proof OP owed back board. And if OP had just expressed a desire to take the pony away, then the pony is not abandoned. If OP had been living on-site with pony until the big divorce then wants to remove pony, it’s not abandoned.

So if trainer did do the lien process, she must have fibbed a bit as well in writing out the reasons for the lien.

Bad behavior and maximum emotional damage all around for sure.

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Well said, @Casey09 !

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Well, the trainer’s information puts a new spin on things. And confirms my belief that horse people are allergic to putting things in writing. Someone (I can’t find the comment now) asked why, if all of this was true, didn’t the trainer get a bill of sale? BECAUSE HORSE PEOPLE DON’T DO THAT. As a legal professional it is the most frustrating thing in the world. Why put it in writing? We’re friends/I trust them/it’s just an old pony/what could possibly go wrong? I’ve heard it over and over and over again, and then people come to lawyers with an impossibly messy situation like this and ask them to please fix it.

I don’t have a hard time believing the trainer’s story or the OP’s, because honestly I have heard and even seen them both before. The truth in this case is probably somewhere in the middle. What neither party disputes:

The pony has been in the trainer’s care, custody, and control and has been used for lessons for 8 years or more.

OP did not pay any expenses or board for the pony during that time.

OP at one point worked for the trainer, and kept other horses at her barn at this time. During this period the ownership of the pony was not in dispute, or at least a non-issue.

Would the simplest contract or bill of sale executed at the time the pony changed hands solved this problem? Abso-freaking-lutely. The lesson for COTH readers? Put it in writing. I don’t care if it’s your best friend, your grandma, or the Pope. Put your intentions in writing. Both sign it. Both keep a copy.

If trainer is telling the truth, she would still be in a similar position now (ie the pony would be stolen) but she would have a signed document to back her up. I know she has witness statements, etc but let me tell you a small claims court judge would look at a simple, written contract signed by both parties and order the pony back to the trainer. Not to mention have something to show the police to support ownership and pursue criminal charges. I am honestly surprised they got involved here without a clear written document pertaining to ownership. Police in my area would advise that this is a civil matter and to pursue it in court.

If OP is telling the truth, in contrast, SHE would have a nice simple document supporting her position that she could show to the police and use as a defence in the civil trial, and would also have the pony away from the trainer.

Put it in writing, people. Writing is your friend!

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@Scribbler what I gathered from FB was the OP upon quitting/getting fired told the BO she never gave her the horse. The BO then said fine you owe this much for back board minus the money for the lessons. Also BO says her board rate was reduced in exchange for the pony being used 2-3 times a week in lessons. OP paid 75 of 200 the first month. The OP then leaves the barn in December without the pony still claiming it’s hers so BO plays along and 8.5 years is well over the 90 day no payment and files the lien. I mean it is the OPs pony right? Auction time in February and OP is a no show and BO buys the pony. OP then steals pony. Three weeks later OP spins her tail on COTH.

The only way for the BO to avoid this drama would be to gift the girl the horse. Who would do that? Not me. I think if the BO was intentionally stirring drama she would have named the OP.

Also it was mentioned there was a law suit from a student falling off said pony and I bet if we saw that it would not list the OP as owner.

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Wow, some of guys really took your assumptions wayyy too far. Who gives a flying leap about the BO’s financials, kids, and personal life? If she has the desire, the money and the time to get this pony back legally, that is totally her perogative.

I also think some of you made assumptions because you misunderstood the timeline of events. The only thing that doesn’t sound reasonable to me is how many times the BO supposedly bailed out the OP, which could simply just be a case of the BO being too forgiving.

Do some of you just automatically pick a side based on which POV was presented first? Bizarre…

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Horse people don’t ask for paperwork in these ambiguous situations because neither side wants to make a clear decision.

At the start trainer didn’t really want pony because pony was bratty, and probably wanted the option of offloading back on OP in 6 months.

OP didn’t want to surrender full ownership, teen girls rarely do.

Trainer takes pony, turns it into lesson horse, both OP and trainer act like horse belongs to trainer but neither side care to rock the boat with a written statement.

Then everything implodes 8 years later. Trainer orders OP and her horses off the property. OP responds by saying saying fine, but I want the pony too just to spite you, because it’s the only thing of mine you value Trainer says only if you pay me 8 years back board ( which would be unreasonable even if this was a free lease) and then works the lein law to get pony ownership awarded to her (possibly not entirely honestly).

OP takes possession of the pony. Trainer calls police and blasts on social media. OP puts up untruthful account on COTH to see if she can gague how much legal trouble she’s in. Trainer responds on COTH.

Yes, a clear bill of sale 8 years ago would make it all clearer but quite likely trainer didn’t really want ownership back then.

I agree pony is probably better off with trainer and I understand trainer being sentimentally attached to pony.

I just think this is all using pony as pawn in emotional blowout between two folks given to drama.

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