Stolen or not??

[Coanteen]

[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]

I’m guessing the car dealers have rather well-crafted legal lease contracts.

The OP, probably much less so. It becomes a contract issue, and in that case, revolves a lot about what’s in the contract and how well it’s written, and how strictly the OP has followed her side of it thus far (OP said there’d been breaches that she let slide).

[Scribbler]

[QUOTE=IPEsq;8665451]
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]

All of this will cost far more than the horse is worth. Guaranteed. The most cost-effective solution is to pursue that final payment through small claims court, rather than try to nullify the entire deal or contract or whatever it was, on the basis the OP didn’t like the hay the horse was being fed.

The police are not going to get involved over disputes about whether or not the leaser/purchaser took riding lessons, or fed a different grain.

FWIW, even the auto repo man does not have the right to just grab your car randomly; the auto seller must notify you and give you the chance to make the payment, first. And the repo man must not “breach the peace” in doing so, though it’s probably true that low-end used car sales may bend the law a bit in grabbing cars.

Nothing allows you to barge into a barn (or garage) unannounced, and grab the horse (or car) over the protests of bystanders (that is breaching the peace).

http://www.nolo.com/legal-encyclopedia/how-motor-vehicles-are-repossessed.html

Though this movie was formative in my overall understanding of the repo business http://www.imdb.com/title/tt0087995/

[Long_Spot]

[QUOTE=Stacie;8662882]
OP, I’m not sure why everyone is making fun of your problem.
I hope you retrieve your mare and she is OK.[/QUOTE]

[QUOTE=enjoytheride;8663823]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…

…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.[/QUOTE]

[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]

Thank you both for proving to me that I was not in some alternate universe.

[Hobbs]

OP, as someone who has successfully “re-possessed” my horse with the help of the police, I must say, there’s some very questionable advice being offered up on this thread; take it for what it’s worth…

[furlong47]

[QUOTE=Scribbler;8665558]

Though this movie was formative in my overall understanding of the repo business http://www.imdb.com/title/tt0087995/[/QUOTE]

The life of a repo man is always intense!

[mfglickman]

[QUOTE=OTTB_;8661867]
I have decide as of recent to move my microwave and stash of popcorn next to my computer in my room. The trips up and down stairs were getting tiring with all the juicy threads happening. Now to see if there’s room for the fridge…[/QUOTE]

Use the box of red wine, then you won’t need the fridge…