[QUOTE=TrueColours;6151720]
Interesting …
So using the same TX model, if the same rules would apply in CA, a purchaser screwed out of $1000.00 could seize a youngster for sale for $10,000. Or - if 10 “screwees” that were each owed $1000.00 each got together, hired one lawyer, got a collective judgement and Writ of Execution for $10,000, they could go and seize 10 youngsters @ $10,000 each?
Interesting indeed … ;)[/QUOTE]
Hey Donna want to go for a drive 
[QUOTE=mbm;6151473]
Really.
"You’ll have to collect the judgment yourself if you win in small claims court. The court will not collect it for you. "
http://www.dca.ca.gov/publications/small_claims/collect.shtml
i will edit this and say there are a bunch of ways to collect but since the manner of her business is not a store and she isnt selling her property , nor is she an employee of anyone - there is no real way to collect.
Believe me - i know many people who have won in small claims but have never gotten the $$ owed them.
this sounds like the most likely way of collecting - but if there are no funds in the accounts - … --> Levy execution on the debtor’s checking or other account (bank levy) — A bank levy means that money will be taken from the debtor’s bank, checking or savings account to pay the judgment. You’ll need the name and branch address of the bank or other financial institution. Get a Writ of Execution (Form EJ-130) from the small claims clerk. There is a fee of $15 for issuing a Writ of Execution.[/QUOTE]
This. I lived in CA and was going to take someone to small claims after I had to go in and seize a mare she was leasing from me. But she owns nothing, has nothing, and lives in a dilapidated trailer on the property. Not worth the energy.
:eek:You mean that we are 160 posts into this thread since the OP has made another statement? I find that strange.
[QUOTE=MountainCreek;6151399]
I
Why is everything wet in her pictures?? I do not understand…
OP—SHIP HER HOME.[/QUOTE]
My honest guess … to hide that they are sun bleached a bit or that their coats are not in show condition. A wet horse looks shiney and sleek the same horse dry can have a sun tinged parched coat.
[QUOTE=Sugarbrook;6151912]
:eek:You mean that we are 160 posts into this thread since the OP has made another statement? I find that strange.[/QUOTE]
Given the lynch mob attitude of the JB fan club - facts notwithstanding- maybe OP in hiding
Hey Donna want to go for a drive
Sure! Your truck or mine?! 
I think the legal “wrinkle” in this situation is the fact that many of the transactions were not in California but went across state lines. In that lawsuit by the Neals agains Sjef Jansen - they were in TN and he was in FL -he no showed for the trail in TN. His lawyer claimed TN has no jurisdiction because Sjef had never physically been in TN. TN ruled that the faxed correspondence by Sjef to the Neals showed he was doing business there. The Neals won the case. I guess Sjef thought they wouldn’t come after him but there was an issue in Las Vegas when Federal Marshalls showed up looking for him.
I’m wondering if email or faxed correspondence in this instance wouldn’t be treated the same way. Clients of GFF could then file in their own states. Just a thought - hoping legal minds on here can weigh in.
[QUOTE=Kyzteke;6146808]
You beat me to it! Call PETA on me as well, as I ship the same way. The only horses I get double stalls for are youngsters 18 mos & under.
Never had an issue.[/QUOTE]
I have.
You are certainly welcome to ship your horses as you wish. But don’t discredit or mock others just because they chose a different level of care.
I think the legal “wrinkle” in this situation is the fact that many of the transactions were not in California but went across state lines.
And thats where US law differs so greatly from Canadian Law. One Canadian law applies to all of our provinces, so I could launch a lawsuit here in Ontario against someone in British Columbia, they would need to come to Ontario court to answer the charges and then if judgement was rendered against them, BC court officials would follow up if they were no shows
When something crosses State lines, isnt that “Mail” or “Wire” Fraud or whatever you call it and in very much the same vein as the Sjef case - if business was done in that State in any manner, the defendant can be found guilty
And Im assuming that someone was successful in this one, crossing State lines:
http://www.washcova.com/government/constitutionaloffices/sheriffs-office/active-warrants
going back to 2006 as that arrest warrant shows as still being active in VA
I hope a legal beagle will weigh in here, but I believe that Small Claims filings must occur in the state/county where the defendant resides, or, if a business, where the corporate office is registered. I do not know if email/fax correspondence changes this requirement.
There is also a limit on Small Claims filings, which varies by state. I think the CA limit is $10,000 (?), so a claim for over $10,000 would not be handled by Magistrate Court (is that the right term in CA?), but rather by State Court.
Also, the amount of money involved in the Neal/Sjef Janssen case would have taken it out of the realm of Small Claims/Magistrate Court.
There is a lot of case law on internet presence, advertising in magazines, emails etc to support doing business in a state. I imagine it varies from state to state. The biggest issue can be to get somebody served if they are good at evading a process server.
Just like they were doing by saying simply transporting a horse in a slant trailer across the country in a single stall was “inhumane and cruel”. No other facts…just 3 tiny bits of info.
I do not treat my horses in an inhumane fashion. When they are shipped (with one exception years ago) they arrive in good health & good weight.
So this is NOT an “inhumane” act.
THAT is my point.
[QUOTE=Laurierace;6142382]
I don’t know whether to giggle or roll my eyes, or both. So sorry you are going through this. I would get your mare back asap.[/QUOTE]
I think it is both giggle and roll your eyes:eek:
Now that I’ve read “most” of this, I’m wondering why I was “friended” by Gray Fox on Facebook. Don’t know her from Adam.
She has almost 3,000 friends on FB and when I saw that I could see the purpose was primarily for marketing.
I consulted a very well-respected COTH poster when that came up. She PM’d me with I think one word…just “unscrupulous”. This post has confirmed what she said.
While I’ve never had contact on FB, I have seen the many pics of wet youngsters for sale. And LOTS of them. In fact, so many it’s taking up my page, so I was just thinking about “hiding” her posts.
Being a stallion owner myself, the stallion himself should not be dunned for bad behavior by the owner. Heck HE doesn’t know…
I will “defriend” after seeing this thread.
To the OP, some COTHer’s may remember my big thread about a horrible situation with a mare I leased to a BN hunter breeder already in foal to my stallion Argosy for the following season.
Thanks to a “whistleblower” I didn’t even know, we were able to get her her and her baby out in the nick of time. 2 days away from death due to starvation and dehydration (I posted the pics)…NO ONE KNEW because her name carried her and no one really saw her farm/set up and she was obviously in financial difficulty.
Ilona…for sure you remember that as you guess the name even though I didn’t post it like on this thread.
Leasing out broodmares can be a very dicey situation for sure.
Susan I remember the situation with your mare very well. I was always concerned with that trainer when I saw how many horses she had on such a small piece of land. BTW - after your mare’s incident and the truth coming out about her she just POOF disappeared. So, so glad you did get your mare and her foal out in time.
No news from the original poster? Has the mare arrived safely or have they had the mare returned to them?
I too can’t believe we haven’t heard back from the OP. What’s up with that???
We should send her a PM to find out, I think it’s funny to start this thread and NO UPDATE after ???
Sandra
www.laprisestable.com
She may respond via PM but my guess is she has been advised to keep her saga off the internet by her lawyer.
No dog in this fight at all (do not breed, do not buy babies, etc).
I just found this amusing.
Just wondering how many times one person can say good bye, they are not staying here, and keep posting. I think Kmsuds did it three or four times in this one thread.
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