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Old 11-13-2009,
 
 
 
Friesian Girl
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Kolmashka is offline
 
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Default Advice needed

I got involved with a woman who had nothing but 'good intentions' in mind for me. She bought me my horse, Taima for three hundred dollars and the deal was that I would pay her back for it. I paid her back two hundred dollars so only owe her another hundred on this horse.

A week after we bought her I moved in with this woman and the deal was in exchange for board and rent I would have to work around the house, babysit her son and help with the horses. For the first two months I was doing all the work. Feeding six horses a mixture of grains and hay, babysitting her son the majority of the day and cleaning up the house when I was able.

This month, things started changing. She wrote up a lease agreement charging me four hundred dollars for rent and still having to do said chores around the house and farm. Only by now, she wasn't letting me feed and was becoming, to put it lightly, controlling over my everyday life. I got to the point where I wanted out. Never signed the lease and told her I was moving by this coming up Monday and that I would be moving Taima by December 1st.

Yesterday she decided she didn't like the barn I was taking her to. It has a covered arena, someone on site all day. I provide feed and stall cleaning everyday and it is a self care situation. I love the barn. My friends are there and I like the woman who owns it.

The woman that I was living with told me last night that because I owed her so much money that I am not allowed to move my horse or she'd file for horse theft because she still owns a third of her. I owe her four hundred dollars at the most. A price I am willing to pay off right now if she'd let me.

She told me until I was responsible enough to take care of her and until I was LIVING ON MY OWN and able to support myself I was not taking Taima off the property. This horse is my baby. She's two years old and I've been working with her for three months. I was the first on her back, the first at a walk trot and canter, and I've done all of her ground work. She also said that when I am able to do all listed above, she would sell her to me for an additional $300. There's no contract, no signed documents with an agreement on her board or the terms involved in it. This is my horse... My baby.

Can she do this? Can she seriously hold my horse over my head because she doesn't want to lose her full time babysitter, house cleaner and animal caretaker?

I'm 19 and I've still got a lot to learn, but I know I can take care of her. I've got a place to live. I've got a job, and I've got a very decent stall open for me on December 1st.

I just need some advice...

Thanks,
Sam

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  #2 (permalink)  
Old 11-13-2009,
 
 
 
The feed bag
In The Ribbons
appyxlove is offline
 
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If it were me, I'd just pay off the price for the horse and call up your local equine lawyer for advice on the situation.

She cant make you stay once you pay off the rest of the charge on the horse, and since you didn't sign the agreement for the lease no one can tell you to stay or leave.

I'll call up my oldest brother - he's a lawyer and may know more info than I can provide right now.

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Old 11-13-2009,
 
 
 
Friesian Girl
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Thank you so much! She's my baby and I only want her to be happy. If I had to leave her behind she'd sit in a field the rest of her life and she's only two.
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Old 11-13-2009,
 
 
 
Senior Member
Breezer
wolfgang_gc is offline
 
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Well, this is kind of a messy situation. I am not a lawyer but here is what I know. The living situation has nothing to do with the horse, you can leave whenever you want. and if this woman claims you owe her money for living there - that is what they made small claims courts for. No paperwork - no claim.

As far as the horse goes - it might depend a lot on which state you are living in. Assuming that this is not a registered horse the proof of ownership would be a "bill of sale". You obviously do not have that - but does this woman have a bill of sale from the previous owner?

If yes you might be in a tough spot. If - most likely - she does not have a bill of sale either, she has no proof of ownership. But that does not get you the horse either.

PLEASE DO NOT take this as legal advice! But here in AZ I would say, get someone with a trailer, pull in when the woman is not there, load the horse - and let her take the short end. Maybe leave an envelope with the 100 bucks you owe on the horse. But that is just the AZ way.

You should find someone who is a little older and a little tougher than you are and talk this over.

Good luck!!!
 
 
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Old 11-14-2009,
 
 
 
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well I'm not a lawyer eaither but it seems to me it is her word against yours.... do you have any one to back you? was anyone around when the first aggreement was made?
if it was me I would go get the shariff and the one that was around that knows about the first agreement ( if any).. and get the horse. do you have anything showing how much you have paid on the horse? take that too ( if you do)
I was in a spot kinda like yours not long ago, but I pushed it and I went and got my horse.... in the end she found out she couldnt stop me. The only thing she could do was take me to court.... and that didn't happen because it was my horse and the whole county knew it!! So now all she does is bad mouth me and try to make me look bad, but I dont worry about that eaither cause she is just showing her for her real slef...... but back to you (sorry) just wait till she aint home, show up take your horse and get out. thats what I would do..... but asking a lawyer first would be best. I didnt. but I had the anaimal controle on my side too so guess it all depends. good luck and I will be pyaring you get your baby back safe and sound.

Last edited by dspookbaby1 : 11-14-2009 at . Reason: typo.. lol
 
 
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  #6 (permalink)  
Old 11-17-2009,
 
 
 
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Bombproof
Ltc4h is offline
 
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Without paperwork, if she is currently in posession she owns the horse.
I would not take it, she could file theft charges, which is a felony.
Is anything in your name, Vet bill, coggins, Farrier bill, those items would show that you have been sole caregiver of the horse.
If not it is a he said/she said and unfortunately you would lose.
What you need is to get something rational in writing.
As above the "living arrangement" at this point in time has nothing to do with the horse.
Something as simple as horse A to be sold for a sum of $.
She can not dictate where it lives, but you will need to buy it.
If you wrote her a check for the other payment on the horse you may be able to legally use that against what she will now sell for.
If you paid cash/bartered or traded without that being written somewhere, you can't use that money against the price either.
Sorry, hard lesson to learn.
 
 
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  #7 (permalink)  
Old 11-26-2009,
 
 
 
Friesian Girl
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I decided to let her keep her. It seemed like the better way out of a bad situation. I know she'll take care of her so I won't worry about her too much. All I can do now is buy myself another horse and move on with my life. There are plenty more out there to love and care for.
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  #8 (permalink)  
Old 11-27-2009,
 
 
 
Senior Member
Breezer
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I think this is a pretty good decision. As you say there are plenty of horses out there.

Just make sure the next time you won't get nicked again. I suggest a bill of sale with a picture or two stapled to it. Pay with a check for some proof.

Good luck!

GC
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