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Missing Pony

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  • #41
    I really have to agree with Findeight here. Get a lawyer and get the cops. NOW.

    Also, re-mentioning that everyone should please keep a lookout for this pony at Pony Finals!!!

    Jingles.
    "The standard you walk by is the standard you accept."--Lt. Gen. David Morrison, Austalian Army Chief

    Comment


    • #42
      wowelsh you have a pm. (when I wrote that I didn't see the other pages saying that you have contacted dave.) I don't ride with him, but I do ride with another well known trainer in the area, and I still might be able to help. PT me back if you like.

      Comment

      • Original Poster

        #43
        If I need to hire an attorney, does it matter what state he normally practices in? I was wondering if it would be best to find one in MS? It would obviously be easiest for me to find one in FL, where I live, but if the residence of the atty doesn't matter, I have two good friends who are very good attorneys...neither lives in either FL or MS though.
        Leah McFarlin
        Winding Oaks Welsh & Sport Ponies in Morriston, FL
        www.wowelsh.com
        Home of BF Oliver Twist & Misty Mountain Brynmor

        Comment


        • #44
          Leah,

          So sorry to hear about this ... Unfortunately these kinds of incidents do happen and when there are no contracts and it is interstate and civil it can get complicated. If you are doing business with someone and giving them possession of a pony to sell it on the cuff it is a good idea to get a written contract that spells out time frames, insurance, costs of litigation and their responsibility to pay if you are forced to get an attorney.

          In most states, including Florida, if you can prove that you are the owner of the pony you have the right to repossess your pony. However, the best way to handle this is to locate the pony and then contact the local sheriff's office and document the situation. Many times the sheriff will even go out to the farm with you to recover your property. As you can imagine, sometimes these encounters can be unpleasant.

          There are a number of equine specialist attorneys in Ocala that can give you good advice. I have helped owners recover horses in Florida and out of state in the past. Call me on my cell phone and I will try to help if I can.



          Cathy
          Standing ART I DECKED OUT Dutch/Welsh Pony Stallion - Lifetime Licensed RPSI German Riding PonyBook I, WINDSONG I'M FANCY TOO Welsh Sec A & BRIERWOOD Welsh/TB
          www.adventurebeachponies.com

          Comment


          • #45
            I know.....

            that in NC, the sheriff will help you "recover" your horse from a farm.

            Comment


            • #46
              Just a Thought

              Hello - Before you call the lawyer, sheriff, posse, neighbors and 'pony experts' at large, should you gather all the facts? I didn't realize that one post makes an entire case. I do, however, know that slander is slander. The 'trainer' you have tried, sentenced and now look to serve justice may have no idea that the 'owner' has presented to the world a case based on the 'owners' view of the situation. JUST A THOUGHT - Debbie Sidle, Olive Branch, Mississippi

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              • #47
                Maybe I am missing something, the original OP is looking for her pony, sent it out to be sold, and can't find it or has received compensation for the sale? She has lost contact with the person that was responsible for selling it? So she came here to try to find the pony, without going into too many details? Is there more to the story? Where is the pony?

                Are those the facts? If that is the facts, then I would be exhausting all possible leads or help to find the pony.

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                • #48
                  I don't see that any trainer has been named or there is any slander...and I DID say to gather any proof like receipts to prove whatever agreement was in place. Nobody will act without proof of ownership...and I also said that it may be a case of abandonment and siezure for non payment. Up to the OP to prove this was not the case.

                  We all know there are two sides to everything and a lawyer can help her sort it out. But it sounds like she needs to sort it out now and get the Pony back unless it was legally siezed and sold.
                  When opportunity knocks it's wearing overalls and looks like work.

                  The horse world. Two people. Three opinions.

                  Comment


                  • #49
                    Originally posted by sidlehill2
                    Hello - Before you call the lawyer, sheriff, posse, neighbors and 'pony experts' at large, should you gather all the facts? I didn't realize that one post makes an entire case. I do, however, know that slander is slander. The 'trainer' you have tried, sentenced and now look to serve justice may have no idea that the 'owner' has presented to the world a case based on the 'owners' view of the situation. JUST A THOUGHT - Debbie Sidle, Olive Branch, Mississippi
                    Uh. Oh. The OPs website says the above poster is the said trainer in Olive Branch, MS. Am I missing something?????

                    http://www.wowelsh.com/diva.htm

                    Comment


                    • #50
                      Originally posted by LovesHorses
                      Uh. Oh. The OPs website says the above poster is the said trainer in Olive Branch, MS. Am I missing something?????

                      http://www.wowelsh.com/diva.htm

                      Yeah, I was thinking the same thing...

                      Comment

                      • Original Poster

                        #51
                        I don't know how anyone could mention "slander" since no names have been mentioned.

                        Re: the website... in the direction of not wanting to do anything that might be construed as inappropriate, I've removed that page from my website. I did not intend to name anyone, as no formal paperwork has been filed, though there is a possibility that will happen.

                        I will be replacing it with a page containing information, that will hopefully be helpful, in the search for my pony.

                        Thanks to everyone for the PM's and emails...The horse/pony world is a small one and I'm hoping Diva will find her way home soon.
                        Leah McFarlin
                        Winding Oaks Welsh & Sport Ponies in Morriston, FL
                        www.wowelsh.com
                        Home of BF Oliver Twist & Misty Mountain Brynmor

                        Comment


                        • #52
                          Sounds like a convoluted mess and there ARE two sides. Wowelsh, if that pony has been 'gone to training' for close to 3 YEARS...

                          Man. There is no way I'd let a pony like that, if it belonged to me, outta my sight for that long. Keeping in touch is all well and good but did you ever go SEE the pony at her place? Ever?

                          Have you visited her in person while trying to find out where your pony is? A 7hour drive isn't much when you consider the value of that pony.

                          One other poster mentioned payment for services. Are you sure there are no outstanding bills involved which might warrent the trainer selling the pony to recoup her money? sylvia
                          Never explain yourself to someone who is committed to misunderstanding you.

                          Comment


                          • #53
                            Originally posted by Wowelsh
                            If I need to hire an attorney, does it matter what state he normally practices in? I was wondering if it would be best to find one in MS? It would obviously be easiest for me to find one in FL, where I live, but if the residence of the atty doesn't matter, I have two good friends who are very good attorneys...neither lives in either FL or MS though.
                            It absolutely matters...an attorney must be liscenced in the state the incedent occured.

                            My heart goes out to you....I cant imagine this happening, especially with a professional involved (you and the sale barn)
                            Save a life...be an organ donor! Visit www.Transplantbuddies.org

                            Comment


                            • #54
                              So is that above poster not the trainer in question??

                              Comment


                              • #55
                                I "lost" a pony in a sort of similar manner many years ago. When they are several states away many things can go on that you have no idea of. They can legally seize your pony quite quickly and you are basically out of luck. Fake bills and documents. I did the correct and legal attempts to get my pony back and it was too late and would have cost too much. I did wind up with him back in my barn, thanks to some friends.. but my advice on what to do and how to do it...
                                Do it fast, do it yourself (with the Sheriff) and do not give any warning.
                                Fullcirclefarmsc.com

                                Comment

                                • Original Poster

                                  #56
                                  I realize there are two sides to every story...I'm not trying to drag anyone's name through the mud...I only want my pony back. I have tried almost every method I know of (phone, email, certified mail) to contact her...I never would have brought this to a public forum, had she made any attempt to contact me, in return. I would have gone up and addressed her in person, but I saw little reward in doing that, since the pony is not on her premises anymore. I do not enjoy "airing" this in a public forum.

                                  I realize I should have been on top of this sooner. I have been trying to contact the trainer on a regular basis...I have a log of all of my attempts. My biggest mistake was not going "public" with this earlier...I was hoping everything was well and my worries were unfounded. She had provided some good references, so I kept thinking everything was OK.

                                  When we were in somewhat regular contact still, she had contacted me and said she felt Diva needed some time to grow up and was willing to keep her there and just let her grow up...said it was fine if I wanted to leave her there. Later, I decided it was wiser to bring Diva home and arranged several transports, but was unable to contact her (cell phone # she gave me suddenly belonged to someone else, home phone is evidentially a computer line...always busy, certified mail not accepted), so couldn't get any coggins/health papers lined up. It would have been impossible to bring Diva back into FL without proper paperwork.

                                  The reason I didn't hop in the truck and go there (btw, a 13 hr drive each way, by car and I'm sure more with a trailer), was because of "life"...I had a baby, a husband who travels almost constantly on business, and a farm with 20 horses/ponies to care for. It's not like I can take off, at the drop of a hat...and again, I was hoping everything was OK.

                                  When I recently "dug up" her new/current cell phone number and left messages, none of them were returned. The recent certifed letter was not accepted. Also, I referred someone to her farm recently and the trainer said she didn't have any large ponies (panic!).

                                  Meanwhile, while I've been totally unable to reach her, all of my contact info has remained exactly the same (same name, phone, address, website, etc.). There is no excuse for not reaching me, before moving the pony off from her premises.

                                  So, in retrospect, it's obvious that I should have been more aggressive, earlier on, but I'm one of these silly people who likes to think people will do what they say...or at least contact you, if they're planning to re-negotiate your agreement.
                                  Leah McFarlin
                                  Winding Oaks Welsh & Sport Ponies in Morriston, FL
                                  www.wowelsh.com
                                  Home of BF Oliver Twist & Misty Mountain Brynmor

                                  Comment


                                  • #57
                                    Sorry about this situation. I had a similar situation with a woman in Colorado. She sold a pony for us and I could never reach her to get the money! It was getting ridiculous- she was obviously avoiding paying us because weeks and weeks went by. I chose to go public. I contacted Colorado H/J barns until I located the pony. When the trainer found out that the owner of the pony had not been paid- she got on the phone for me. I immediately got a call from that agent and was paid immediately. I guess the embarrassment was the ticket.
                                    http://patchworkfarmga.com

                                    Comment


                                    • #58
                                      We are leaving for Pony Finals this week, by way of a couple of shows. I will print out your flyer and show it to a couple of pony sale barns along the way. We are going through NC and SC.
                                      Fullcirclefarmsc.com

                                      Comment


                                      • #59
                                        The account you have all seen of this story is accurate. Being well acquainted with the owner of this pony I can tell you how frustrated and worried she has been.

                                        She really did believe the pony was being kept until a bit more mature and therefore wasn't worried at first. When she hadn't heard an update in some time she truly made every attempt possible (besides the 13hr drive to a place she'd never been) to contact this trainer and if necessary bring her pony home. More than once she had transport lined up, but without a coggins and health certificate a transporter can't take the pony. With no contact, how could she possibly have arranged for those items? I myself offered to go up and retrieve the pony. SAME snag... can't find the trainer, can't get the paperwork in order for the haul.

                                        She made every reasonable attempt to make contact. It's not like Leah is hard to find. Go to one of many email groups or bulletin boards and ask if anyone out there knows Leah in FL who breeds ponies and I bet you get 90 responses by days end. She has had the same phone number and website in all the years I've known her. If someone had REALLY been looking for her they could find her. Besides Diva would have gone to MS with a current coggins and health certificate which in turn would have had Leah's name, address AND phone number all on the paperwork. Since I'm the one who hauled her to MS I can promise you her paperwork was all in order.

                                        Leah is not the type to air her laundry in public as evidenced by her waiting this long to even mention this situation.

                                        Comment


                                        • #60
                                          Wowelsh - you have a pm

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