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  1. #1
    Join Date
    Jun. 11, 2009
    Posts
    74

    Angry padlocked gates cant get horse

    I was wanting a little advice as to how to handle this situation who to talk to or even my rights.

    First of all we have no written agreement. The only agreement I have is a verbal agreement on the amount to be paid each month and that my horse will be fed hayed watered daily

    My board was paid in full on the first of the month. Owner said he was going to kick me out then changed his mind claimed my horse was destroying gates. I have not seen one of these destroyed gates nor can he present a receipt for any gates he has purchased due to my horse destroying them. I notified him that I will be takin my horse at the end of the month when my board is up. I have decided to take him a week early letting him keep the remaining amount of my board. He has the gates padlocked. And won't return my calls or texts about takin my horse. He has told me I owe him a deposit. I never agreed to any sort of deposit. He says all this info is stated on his website in which I was also never notified of. I have texts to prove this he stated that he told another girl about the rules but not me. My board is paid in full.

    Does anyone have any advice for handling this situation?



  2. #2
    Join Date
    Feb. 6, 2000
    Location
    MA
    Posts
    12,983

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    You need to contact the local constabulary and have them accompany you when you pick up the horse.
    "It's like a Russian nesting doll of train wrecks."--CaitlinandTheBay

    ...just settin' on the Group W bench.


    15 members found this post helpful.

  3. #3
    Join Date
    Jan. 4, 2007
    Location
    TX
    Posts
    44,461

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    Each state has different laws to address those situations, you need a local attorney asap.

    Call the sheriff and make a report asap.


    2 members found this post helpful.

  4. #4
    Join Date
    Aug. 9, 2007
    Posts
    9,263

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    The minute the BO told you he was evicting you, he violated your oral boarding agreement. So you can move immediately.

    OK here's what I did when I moved my 2 horses from a crazy horrible boarding barn, but my friend decided to wait a week to move to save money: She went over to load up her stuff, and found her horse padlocked in a back pasture one Friday night. We had planned to move her horse the next morning. So she called me at our new barn,and I called the sheriff's office. This BO and her family drank a lot, pulled guns out, had lots of arrests, etc. (And the place was recommended by our long time farrier who'd been going there for years!).

    I drove over, met up with the deputy, and I loaded up my friend's horse after the deputy caught the BO lying about who had the key to the paddocked gate. Deputy stood by so my friend and I would not be shot by those idiots and their group of friends who all were there to greet us. LOL, they did not expect a deputy although they saw them all the time when they were arrested and all.

    Now I carry a pair of bolt cutters in my truck. Always prepared!

    Now we had boarding contracts, which the BO had violated btw, but I went to the ATM BEFORE I called the cops and got a month's board, so that when the BO demanded the next month's board from my friend, I handed over the cash in front of the cop. My friend's horse was an old 17.1 eventer, and should have been able to jump that fence with her. But she was so upset and crying, that she didn't think to try it. And it was after dark too.

    Take a cop. Take a month's board in cash. Be glad you got off without having your horse injured. Once a cop catches someone in a lie, he'll be on your side and help you out of there. I had threatened to sue the *** off of the BO, so they let me move without paying for another month's board for my 2.


    5 members found this post helpful.

  5. #5
    Join Date
    Aug. 9, 2007
    Posts
    9,263

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    Quote Originally Posted by Ghazzu View Post
    You need to contact the local constabulary and have them accompany you when you pick up the horse.
    Totally right.

    Go online and check your state law about equine boarding. i can tell you that the BO has breached your oral boarding contract by telling you you will be evicted, but to save your horse, your sanity, your time and your money, pay for a month's board and get your horse out of there NOW.


    1 members found this post helpful.

  6. #6
    Join Date
    Aug. 5, 2009
    Posts
    1,017

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    ^^ What cloudyandcallie said - deputy + bolt cutters + a new padlock, so you are not charged with destruction of property.

    If there is no written contract, you can vacate without any notice, so I wouldn't bring any additional board payments. However, do bring a printout of your last cancelled board check or receipt + your horse's papers to prove ownership.


    1 members found this post helpful.

  7. #7
    Join Date
    Jun. 11, 2009
    Posts
    74

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    I gave him 30days notice even tho I wasn't required. Why should I pay another months board??


    7 members found this post helpful.

  8. #8
    Join Date
    Aug. 9, 2007
    Posts
    9,263

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    Because he's going to say you owe him money. If you owe him money (and don't have a contract and he pulls out that online info requiring deposit or payment for damaging fences/gates, etc) then the cop is going to say "it's a civil case" and walk away. (I was a prosecutor for over 28 yrs, a practicing atty for over 33 yrs, and I've seen it all.) If my friend had stood on principle, we'd not have gotten her horse as she said she wouldn't pay. Which is why I took the cash in hand and went there with it.

    So you take cash. When the dude says you owe him X dollars, you pull it out, get a receipt. Otherwise you might end up with an injured, or worse, horse. (I've seen that also.)

    You can always sue him in small claims court afterwards. But the important thing now is to get the horse out. Before you or the horse gets injured.


    11 members found this post helpful.

  9. #9
    Join Date
    Jun. 11, 2009
    Posts
    74

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    Unfortunately for him I have text messages where he specifically said that he notified another person of these rules and not me. He can't pull out anything there is no contract



  10. #10
    Join Date
    Jun. 11, 2009
    Posts
    74

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    He also jus updated his website with these rules this passer week



  11. #11
    Join Date
    Jun. 11, 2009
    Posts
    74

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    He's sayin I owe him for a deposit not for damages . A deposit was never discussed and om pretty sure a deposit is money to hold something money you pay when you leave



  12. #12
    Join Date
    Apr. 22, 2006
    Posts
    1,331

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    Get a sheriff and pick up your horse today. If you are paid through the end of this current month bring the proof with you. You may also want to bring proof of ownership of the horse, i.e., Coggins or Rabies certificate, bill of sale, etc.; something that identifies you as the owner of the horse.
    "The captive bolt is not a proper tool for slaughter of equids they regain consciousness 30 seconds after being struck fully aware they are being vivisected." Dr Friedlander DVM & frmr Chief USDA Insp


    1 members found this post helpful.

  13. #13
    Join Date
    Aug. 5, 2009
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    1,017

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    Cloudyandcallie has a point; any of our advice should be weighed against the possibility of harm to your horse. Would he take X amount for "damages" instead of what he is asking for as a deposit?



  14. #14
    Join Date
    Aug. 25, 2007
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    9,962

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    Quote Originally Posted by cowgurl1985 View Post
    Unfortunately for him I have text messages where he specifically said that he notified another person of these rules and not me. He can't pull out anything there is no contract
    Listen to cloudandcallie. They are giving you gopel truth from the horse's mouth.

    If the cop walks away 'cause it's a "civil matter" then you and your horse are well and truly screwed. He has the "whip hand" because he has possetion of the the horse and probably a stableman's lien (I presume those are recognized in GA). You also have a contract with him, even if it's not written. If he's in breach then you may be "in the right" but as long as he has possetion that doesn't help you much. Even if you go to small claims court it's going to be a "swearing match" and those can go all sorts of different ways.

    You're going to have to pay to get the horse back. The cash on the barrelhead approach is very good. Don't let him see how much you have.

    This sucks badly. Consider it a "learning experience" and next time have a written agreement with an honest barn owner.

    G.
    Mangalarga Marchador: Uma Raça, Uma Paixão


    1 members found this post helpful.

  15. #15
    Join Date
    Feb. 20, 2010
    Location
    All 'round Canadia
    Posts
    6,650

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    Quote Originally Posted by cloudyandcallie View Post
    Because he's going to say you owe him money. If you owe him money (and don't have a contract and he pulls out that online info requiring deposit or payment for damaging fences/gates, etc) then the cop is going to say "it's a civil case" and walk away. (I was a prosecutor for over 28 yrs, a practicing atty for over 33 yrs, and I've seen it all.) If my friend had stood on principle, we'd not have gotten her horse as she said she wouldn't pay. Which is why I took the cash in hand and went there with it.

    So you take cash. When the dude says you owe him X dollars, you pull it out, get a receipt. Otherwise you might end up with an injured, or worse, horse. (I've seen that also.)

    You can always sue him in small claims court afterwards. But the important thing now is to get the horse out. Before you or the horse gets injured.
    But shouldn't it be the other way around? The OP is trying to retrieve their property, the ownership of which is not in question. Shouldn't the cop tell the BO to release the property, and pursue the civil case against the OP if they're owed money? I thought that without some kind of legal process (officially having a lien, or a court injunction against removal of the horse, for ex) you can't just hold someone's property hostage.


    1 members found this post helpful.

  16. #16
    Join Date
    Aug. 9, 2007
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    9,263

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    A deposit can be used to offset damages. So take money. He'll say your horse damaged everything that is bent or broken at the barn.

    Which is more important? Money or the health of your horse?

    If your horse shows up with a broken leg, you will never be able to prove the BO did it.

    You can argue principle and money after your horse is safe. Standing on principle is something you don't want to do now.


    9 members found this post helpful.

  17. #17
    Join Date
    Aug. 9, 2007
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    9,263

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    Quote Originally Posted by Coanteen View Post
    But shouldn't it be the other way around? The OP is trying to retrieve their property, the ownership of which is not in question. Shouldn't the cop tell the BO to release the property, and pursue the civil case against the OP if they're owed money? I thought that without some kind of legal process (officially having a lien, or a court injunction against removal of the horse, for ex) you can't just hold someone's property hostage.
    Well the cop is going to say (and yes I've seen this many times over all kinds of things, cars, horses, etc.) that it's a civil case. Cop is not going to help OP get her horse if the guy says she owes money. Cop will help if she pays whatever ransom the BO wants. The principle is that if OP wants her horse, she will have to go to court to prove it's her horse, and that she doesn't owe any money. And what happens to the horse in the interim?

    We used to say in Atlanta that 50% of our criminal cases started out as civil cases because the cops weren't allowed to intervene if money was at issue.


    1 members found this post helpful.

  18. #18
    Join Date
    Jun. 11, 2009
    Posts
    74

    Default

    I'm in Illinois btw



  19. #19
    Join Date
    Sep. 29, 2003
    Location
    Townsend, MA
    Posts
    1,357

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    If Georgia is a 'stablemans lien' state like MA, the BO has an automatic lien on the horse for unpaid services. Much like an auto repair shop. If you bring your car in for repair you are not allowed to take it off the premises until the bill is paid in full. Yes, you own the car, but they have a lien on it. You can take it to court to dispute the matter, but they retain possession until then. That has been my experience in MA as a BO. On the two occasions in the 30 years of operating barns, I have called the police on HOs trying to pull their horses out with money being owed. Both times, the police told the HO they needed to pay before removal. On one occasion, because I wanted the addict owner out, NOW!, I accepted a signed statement that she owed me X amount. I went to small claims for the judgment, which I won, but I knew I would never collect from her for and the horse was not worth the board/food. Poor horse, but I couldn't afford having her come on my property.



  20. #20
    Join Date
    Aug. 12, 2010
    Location
    Westford, Massachusetts
    Posts
    4,439

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    Get law enforcement and go get your horse. Do have the money for the "deposit" in your pocket, whether you legally owe it or not. Maybe the BO will be intimdiated enough to let you leave without it, maybe not. Bring your cancelled check for the board and anything else you have in writing. You don't have to tell the BO you have the money on you, or volunteer to pay the deposit, unless there's no other way out. BUT, you want to have that money in case the deputy or cop or whoever comes with you can't help you without your paying it. What you want to avoid, at all costs, is leaving without your horse once you have escalated to this point. You can always go back later and make a claim in small claims court for the "deposit".


    2 members found this post helpful.

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