Only if both parties agree. You can’t force the other side into it.
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Was your trainer on a commission from the seller by any chance?
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Any type legal action is going to involve some costs, filing fees, process servers, some requiring repeated attempts. Even without hiring a lawyer and you really should at least consult one before proceeding. Even small claims. And there is no guarantee you will get anything but a judgement against them (often they don’t even show up) and good luck serving them with that.
Cases like the Pony upthread involve a substantial amount of money and individuals with adequate discretionary income to peruse a legal action. There was also quite a bit of time involved. Apparently there were written records and vet reports plus the x rays in this one? Can’t remember how that case came out, if they settled or there was a judgement.
Too much of the time these things are s/he said s/he said with nothing in writing and a fraction of the amount in that Pony case that might eventually be recovered - as in more then the buyer would ever recover. Plus the time and aggravation trying to proceed with it. Principle involved or not its not worth the money or time to try to go after them.
Get everything in writing. Keep it all in a folder. DO NOT TRUST anybody has your best interests in mind. And understand trainers have an inherent conflict of interest finding horses for clients. Its not a hobby for them, its a business, its their living or a large part of it and you are not their BFF, you are a client and source of income
If it comes down to clients best interest or an overdue mortgage payment, sick child or non functioning tow vehicle a week before a show? Guess who loses?
That said, there are at least two sides to every story, there are honest misunderstandings and there are many ethical trainers out there who successfully navigate that conflict.
Vet any trainer you are considering more carefully then you ever would PPE a horse.
I wish more would heed that advice. Instead of see their trainer as a great personal friend who would never do wrong by them. Then end posting up on here when they do just that.
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For all the reasons posters have already given as to why an attorney may let her know that a lawsuit may be iffy, there is still the option to ask the attorney to contact the trainer, advise her of the information that has come to light, and ask for a certain $$ amount in settlement in return for OP not suing.
There are reasons why the trainer might agree (with a little time) to some monetary settlement for an old deal gone bad. One reason is not having a lawsuit filed against her. It will come up if anyone does a background check. People will be able to read the details in the suit.
Plus, an open lawsuit can ruin someone’s personal credit. Many lenders have a policy of not making loans to people who have an unresolved lawsuit against them. Because if the suit goes against the person, it could seriously affect their finances and ability to make loan payments. Many commercial lenders work on that assumption even if there isn’t much chance a suit will stand up in court. The lender usually has no way to assess that.
If a person has other unrelated legal difficulties, one more can compound their troubles. People who are active cheaters often have a history of legal problems, private and otherwise. (The thread on Eric Lamaze shows an extreme example. That guy has a long, long list of various legal issues, going back to his early adulthood. It’s a way of life for him.)
Sometimes people who know they are in the wrong will take up a chance to settle by private agreement, even making payments for an amount of time, rather than deal with the affect on their personal lives of ignoring the matter and allowing the lawsuit to be filed.
Just fwiw.
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If there are any lawyers in your social circle or maybe among your barn mates, might be worth asking them for a simple consult on the matter. Fee should not be that much and they can offer an opinion on whether to proceed or not. Or, sometimes a simple “lawyer letter” shakes the deadbeats loose. Even if you never proceed, that letter means you called them on what they did, nothing like Law Office letterhead and return address to scare them into cleaning up their act.
Just make sure you and your horse are no longer involved with them (no kidding but seen it).
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