Reclaiming a horse? Help!

[Haffy Hop]

**

[saultgirl]

With the purchase price being less than $1000, you might as well cut your losses. Not worth the hassle or additional costs. Lesson learned.

[Haffy Hop]

**

[cloudyandcallie]

Drive up with trailer to barn. Hand barn owner a copy of the agreement you should have for the purchase. Include a copy of all payments and the amt not paid. Drive off with horse, leaving Bo with a letter stating you have reclaimed your horse.

An installment contract means title doesn't pass till the full amt is paid, just like when you buy a car and make payments and don't get your title till you pay in full.

You still own the horse, legally. So go pick him up.

[BuddyRoo]

This kind of stuff can go a lot of different ways.

If you have the ability to get a hold of the buyer, you could try to remedy it in a friendly way--"Look buyer, it's been a year. I understand that you're having financial difficulty, but this is what we agreed to and I want to come pick up the horse."

You could try just showing up, but if the horse is at a boarding barn, I'm thinking that might not go so well. No BO I know would just let a horse walk out of a barn with a complete stranger.

The next option (and probably the most fool proof if option 1 doesn't work) would be to take her to court.

At this point, if I were in your shoes, I'd look up the law in your state and start down that road. You'll likely need to send a certified letter stating that she has X amount of time to come up with the full amount to meet the terms of the contract or you'll be taking possession of the horse, blah blah.

Might be a good time to talk to an attorney.

[cloudyandcallie]

BTW, you are "repossessing" him, not reclaiming. Legally correct.

And absolutely great that you have a written contract. Smart of you and it surely simplifies the issue!

[pnalley]

As a former boarding barn owner, if you or anyone came to try to load up a horse,and I didn't know you wouldn't leave with it.

The police would be called. I feel confident that the police would not allow you to move the horse unless all parties agreed.

I am pretty sure you would have to file with the magistrate judge in your county, and get a warrant AND have the police escort you to pick up.

If the person hasn't been paying you, they most likely haven't been paying the board. The horse may have already been claimed & sold for board.

You will most likely wind up in court with the purchaser, barn owner and possibly the new owner (if the horse was sold for board bill).

It sounds as though you have a legal right to the horse, proving it may be costly. Good luck.

[Cita]

If the new owner is really in financial hardship, giving the horse back to you might actually be a relief. It's worth considering.

Personally, I would hire an attorney, and the attorney will guide you through the proper legal steps - notification, any legal filings, warrants, etc. Whatever is needed.

[Woodland]

You need to file a lawsuit in small claims for breech of contract - Do it IMMEDIATELY! When it comes to a head offer to take the mare in lieu of payment.

A boarding stable is not responsible for enforcing a civil matter. And no BO worth their salt will let you repo the mare.

[2foals]

I agree, even though you may legally still own the horse, as a practical matter I don't think it would work to just drive up to the stable and take the horse.

[saultgirl]

By the time you hire an attorney, or pay filing fees for small claims court, not to mention putting your time into running around doing these things, you will be out even more $$$.

[Fairview Horse Center]

It depends on how your contract is worded. If it says you are legally the owner until paid in full, you may be able to pick up the horse. If not, file in small claims court. Police can not interfere with contract law.