OP, be sure the trailer you take to pick up your horse is open.
Would it be presumptuous to request that the guacamole be served with a side of Tom Hiddleston?
[QUOTE=ChasPonyCat;8662498]
Can someone explain the blue saddle thing to me? I see it in reference to a mug and law firm…[/QUOTE]
How much time do you have? :lol:
Grab popcorn and wine, and do a search for a topic called “Word to the Wise”
Better yet, here you go - http://www.chronofhorse.com/forum/showthread.php?464445-Word-to-the-Wise-Lesson-Reminder-for-Everyone&highlight=word+wise
[QUOTE=Ezra;8662679]
How much time do you have? :lol:
Grab popcorn and wine, and do a search for a topic called “Word to the Wise”
Better yet, here you go - http://www.chronofhorse.com/forum/showthread.php?464445-Word-to-the-Wise-Lesson-Reminder-for-Everyone&highlight=word+wise[/QUOTE]
Thanks for the reading material! I’ll check it out when I get back from my ride.
[QUOTE=The Saddle;8662519]
OP, be sure the trailer you take to pick up your horse is open.
Would it be presumptuous to request that the guacamole be served with a side of Tom Hiddleston?[/QUOTE]
Hey, wait! I thought that bringing an open trailer was a bad thing - she should bring the opposite of that, no?
[QUOTE=Frostbitten;8661743]
Guacamole. That is all.[/QUOTE]
Delivered in an Open Trailer?
OP, I’m not sure why everyone is making fun of your problem.
I hope you retrieve your mare and she is OK.
No one is making fun of the op or the actual problem. They are at this point gently ribbing her for not understanding that no barn owner in their right mind is going to release a boarders horse to some stranger without any legal documentation or court order. Because that would be insane. The ops contract with the purchaser is not a legal document which allows her to enter a third party’s property and remove anything.
People have tried to inform op of this but she seemingly refuses to accept that her contract isn’t sufficient for her desired action and is acting indignant about the bos reluctance to deal with her.
Sorry, but it’s kind of funny.
Really? Cause there’s like 2 pages of people making fun of the OP who essentially had a horse she obviously cares about STOLEN by someone. I wouldn’t find it at all funny if I were the owner and I’d probably want to do just about anything to get my horse back besides listen to a bunch of people who have nothing better to do than discuss wine choices and accuse me of being in the wrong because I’m panicked.
It’s ridiculous. Her horse is GONE. How would you feel about someone making a post about guacamole if a horse you cared about disappeared? You’d probably feel like a really shitty horse owner for trusting this person. Now a bunch of online people are making fun of you and saying that you’re a big liar and the buyer and BM are going to come on and set them straight.
So show her the legal way to do things but don’t make light of the fact that someone has breached her contract, moved her horse, and refused to make final payment. My opinion is that at least the BM could confirm the horse was at her barn, even if she couldn’t legally release her. It would give the OP some peace of mind and a place to start and at least her horse wouldn’t be missing.
Presuming she has a contract as she stated I am going to assume the has the home address and full legal name of the purchaser.
She can file a police report for stolen property. She can contact an attorney. Both of these people/places will give her actual legal advice. Hopefully the contract also specified how payments were to be made and hopefully that was traceable and op has kept records because if not it is simply her word against the one who actually has the horse in their possession.
Please note I am repeating the advice she has already been given and rejected up thread.
That stubborn inability to accept her actual legal options is what is funny. She wanted a lot of extra legal tv drama solutions apparently.
A fwiw the barn owner has no obligation at all to confirm whether a horse or particular person is in residence.
As someone who has had restraining orders against people who then called various individuals and boarding facilities to ascertain my whereabouts and that of my horses I was extremely grateful for particular barn owners discretion. Better safe than sorry on the part of a business owner when dealing with randos calling up.
Been here, done this. You can not just show up and take the horse, no matter what your contract says. Well, you might get away with it depending on the people, but if anyone puts up a fight you won’t have a leg to stand on. The cops will not help you in a civil matter, if they get called out, all they will do is remove you from the property and tell you to hire a lawyer. You will have to go to court, or just let it go, most likely.
[QUOTE=ladyj79;8663747]
No one is making fun of the op or the actual problem. They are at this point gently ribbing her for not understanding that no barn owner in their right mind is going to release a boarders horse to some stranger without any legal documentation or court order. Because that would be insane. The ops contract with the purchaser is not a legal document which allows her to enter a third party’s property and remove anything.
People have tried to inform op of this but she seemingly refuses to accept that her contract isn’t sufficient for her desired action and is acting indignant about the bos reluctance to deal with her.
Sorry, but it’s kind of funny.[/QUOTE]
You sure about that one? Its for a good cause though mind you.
I’ve been through something similar, not a payment-plan sale, but a free-lease gone bad. The police most definitely DID get involved, and threatened to charge one party with possession of stolen property unless he produced the horse. So all of you insisting that police will not involve themselves in these situations are incorrect. I actually had expected the police to tell me it was a civil matter, but they got my horse back for me - and went through some effort to do so!
Stop screwing around posting here. Get the police to go with you. Do not go alone for many reasons. Your piece of paper really means nothing without an officer of the court around to support it. Get your horse and go home.
Done.
[QUOTE=Invest Pretty Money;8661614]
She did not pay the full price! I have no doubt I have the right to reposes the horse. This is clearly stated in or contract with lists of example default and the remedies for such. I had documented the first breach back in November, in case I needed it in the future. (this was the first time she moved the horse) She messaged me about boarding at the place I do. 11/21 stated she had until to 01/01 to move. The reasoning she gave for the move was a bit strange but I let it go…
I have only in the last week or so found out of other things that have been done, or said they’re being done, and actually are not. (like weekly lessons) So that brings me to the additional 3 breaches. Not to mention most everything this woman had told me has been a lie. To include Vet and Farrier names…
I feel like crap that I let this happen to my mare. However at the time I had a family member attempt suicide so I had to let her go and asap. I figured the lease to own would give me the opportunity to insure she was in deed placed in a situation I wanted for her.
MY QUESTION is if this is considered a theft?
I am aware the BM and BO know of the situation as I contacted them only to get vet info and feed info, so I could make sure all was being taken care of. I will be bringing her out of state. The grasses are different as is the grain. Additional vaccines are needed in the new area. I wanted to purchase hay from the facility to introduce the new slowly. Grain a supplements slowly introduced as well.
I am getting my horse, I was just thinking that a person in the boarding, lesson, training industry would want to maintain a good reputation. Not only protecting herself, but as an animal lover, the medical/feed issue is solely for the horse.[/QUOTE]
As far as I understand the situation, the OP is having seller’s remorse at a point when only one last payment on the lease-to-own arrangement is outstanding.
The other “defaults of agreement” seem to be that the buyer moved the horse to another stable, didn’t take lessons, etc. You could take a horse back from a normal month to month lease for these kinds of disagreements, but I do think the lease-to-own arrangement complicates things. The horse is almost completely sold. Is OP planning to refund the payments to date, or just keep them and take the horse?
If the buyer has not made the final payment, the most sensible solution is to take her to small claims court (which you can do on your own), get the last payment, and let her have the horse.
I don’t think one outstanding payment constitutes theft of a horse. It constitutes an outstanding debt, which is a different thing, and easier to remedy, if OP has a contract in writing.
[QUOTE=Scribbler;8664748]
I don’t think one outstanding payment constitutes theft of a horse. It constitutes an outstanding debt, which is a different thing, and easier to remedy, if OP has a contract in writing.[/QUOTE]
I’m not so sure. I know people who have repossessed a horse after a payment wasn’t made . . . and car companies certainly will repossess a car if someone misses a payment.
However, you are right. Much easier to go to small claims court and get a judgment for the difference. Might not be so easy to collect, though.
In addition to being ganged up on and made fun of, and accused of being a bad owner the op has gotten lots of bad advice.
You try missing the last payment on a car and see how long it stays in your driveway.
so what’s the latest? Did the OP get the horse back? Did the lessee make the final payment. Why didn’t the OP take the horse back during the other “breaches”
[QUOTE=Scribbler;8664748]
As far as I understand the situation, the OP is having seller’s remorse at a point when only one last payment on the lease-to-own arrangement is outstanding.
The other “defaults of agreement” seem to be that the buyer moved the horse to another stable, didn’t take lessons, etc. You could take a horse back from a normal month to month lease for these kinds of disagreements, but I do think the lease-to-own arrangement complicates things. The horse is almost completely sold. Is OP planning to refund the payments to date, or just keep them and take the horse?
If the buyer has not made the final payment, the most sensible solution is to take her to small claims court (which you can do on your own), get the last payment, and let her have the horse.
I don’t think one outstanding payment constitutes theft of a horse. It constitutes an outstanding debt, which is a different thing, and easier to remedy, if OP has a contract in writing.[/QUOTE]
Almost sold is not sold. OP said the contract had restrictions on what lessee could do with the horse until sale was completed. The police seem to be of the view that this is just a breach of contract case. Perhaps it is conversion (a tort, a civil wrong), depending on the laws of OP’s state. They seem to be telling the OP that this is not a criminal theft. So, if the police don’t want to get involved, the OP needs to go to the courts to get documentation that would satisfy the BO of where the horse is now located to repossess the horse.
[QUOTE=enjoytheride;8665193]
In addition to being ganged up on and made fun of, and accused of being a bad owner the op has gotten lots of bad advice.
You try missing the last payment on a car and see how long it stays in your driveway.[/QUOTE]
In at least some states, it is illegal to repossess a car from private property.
