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Horse Theft in NC

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  • Horse Theft in NC

    Not sure how to best describe the situation, so I'll just call it horse theft for now.
    To the owner of the horse: Please do not post on this thread. Let's keep this anonymous.

    My friend was involved with a man that gave her a horse a year ago as a gift. She has the horse's papers, and a bill of sale including 2 years board free. She has other horses already at her home and until now has just decided to keep the mare there until she decided what she wanted to do with her.

    The relationship has since ended (within a year) and he has not been dealing with it like an adult at all. Asking for things that were never given to him, and asking for gifts back that he has given her. He has property that was loaned to him that he refuses to give to back.

    He has a bad reputation within the horse community and seems to have no idea why. It has become blatantly obvious to us over the course of their relationship that he is a compulsive liar. He has "held hostage" horses on several occasions to his own admission, not releasing them to their owners. He has a bad temper and cheated people out of horse deals.

    That's the background...

    He has listed the horse my friend legally owns for sale on Craigslist and other sites, using her picture and name in the ad as well (the name was used as a quote within the ad not as a contact person of course). We've dealt with the ads at this point.

    We attempted to pick up the horse today, to which we were of course met with the instructions to leave the property immediately. The law requires we do so, and rather than get arrested with left. Next plan appears to be deal with the magistrate and file papers, etc.

    When we arrived back at her farm, there were emails, and phone calls saying... the horse is dead, the horse was sold earlier today, the horse has been off the property for the past two months. Yes, three different stories in one hour!! Can you say "unstable"!!!!????

    Anyone ever been through something like this? Did things end well?
  • Original Poster

    #2
    Where to go next?

    She spoke to the magistrate tonight. They said small claims court is next. Is this the normal path? Seems like a lengthy process when the horse is potentially being sold as we speak or has been (who really knows)?

    Comment


    • #3
      As much as it sucks.....Possession is 9/10ths of the law (did I type that out correctly??)

      I hope all ends well in this situation....but yes, it's going to be a lengthy process. You would think that since you have the papers, bill of sale..this would be cut and dry....but because he has the horse in his possession, not quite that easy.

      Keep us posted.

      Comment


      • #4
        I guess I would hang out "undercover" until the guy left and then come pick up my horse. It's not theft if you're picking up something you legally own.....assuming friend has horse in her name. He could probably pursue trespassing charges, but.....you could play dumb.

        Comment


        • #5
          I believe if she has proof she owns the horse, she can have the sheriff go with her to pick it up...
          Not all who wander are lost.

          Comment


          • #6
            Where in NC is this guy? Can you PM me a name?? It might be helpful to know who to stay away from!
            Fils Du Reverdy (Revy)- 1993 Selle Francais Gelding
            My equine soulmate
            Mischief Managed (Tully)- JC Priceless Jewel 2002 TB Gelding

            Comment

            • Original Poster

              #7
              Sheriff wouldn't go. Said it's a civil matter.
              I don't want to say who it is even in PT's, not wanting to get involved with anything potentially slanderous (although everything said is true), but if you check out other sites and ask people where to board, etc. in my area they will say not to go to his place. In other words, if you were looking for a place to board or buy a horse there will be plenty of people saying to avoid him.

              Comment

              • Original Poster

                #8
                Dani0303 - sent you a PT. We have probably met. We're not from your area though.

                Comment


                • #9
                  Originally posted by The Other Me View Post
                  Sheriff wouldn't go. Said it's a civil matter.I don't want to say who it is even in PT's, not wanting to get involved with anything potentially slanderous (although everything said is true), but if you check out other sites and ask people where to board, etc. in my area they will say not to go to his place. In other words, if you were looking for a place to board or buy a horse there will be plenty of people saying to avoid him.

                  Yep..it sucks..but that is how the law works, at least in this state.

                  Comment


                  • #10
                    Hire a hooker to get him drunk and keep him busy for a few hours. Sneak in under cover of darkness and get the horse. Move horse a long ways away. Have the hooker send him a Thank You card thanking him for the gift of the horse...

                    (Only half kidding...)

                    Comment

                    • Original Poster

                      #11
                      Originally posted by dalpal View Post
                      Yep..it sucks..but that is how the law works, at least in this state.
                      Add that to my list of reasons I hate this state then.

                      Comment


                      • #12
                        Originally posted by greysandbays View Post
                        Hire a hooker to get him drunk and keep him busy for a few hours. Sneak in under cover of darkness and get the horse. Move horse a long ways away. Have the hooker send him a Thank You card thanking him for the gift of the horse...

                        (Only half kidding...)
                        At least that would make things quick and she'd have her horse.

                        Years ago, I free leased two horses to a "friend"....this was my eye opening experience in blind trust. Got a phone call about a year later from someone else telling me that she had the two horses up for sale. Of course we went round and round...at first she said come get them, then her nasty husband stepped in and demanded money. So I'm just all torn up about all of this....husband convinces me to go ahead and go to the Kentucky Derby party that someone was having.

                        Now, talk about small world. Ran into an old friend...we started talking, she started telling me about sueing this contractor for house issues....dropped subject...hours later, I mentioned in passing the name of this FRIEND who had the horses..and her jaw dropped..."OMG, that's who we are sueing" Husband came home, got the phone..dialed the smug folks and asked them if they could afford TWO legal fights in court at the same time. Man was furious and told us to come get the DAMN horses....so we took the sheriff and loaded up the horses and brought them home.

                        That's when I learned just how complex the law is, when trying to claim your own belongings on someone else's property.

                        Comment

                        • Original Poster

                          #13
                          Originally posted by greysandbays View Post
                          Hire a hooker to get him drunk and keep him busy for a few hours. Sneak in under cover of darkness and get the horse. Move horse a long ways away. Have the hooker send him a Thank You card thanking him for the gift of the horse...

                          (Only half kidding...)
                          Unfortunately there is no sneaking. Security system in place alerts him of anyone coming on to property. Great idea though.

                          Comment

                          • Original Poster

                            #14
                            Originally posted by dalpal View Post
                            ....so we took the sheriff and loaded up the horses and brought them home.

                            That's when I learned just how complex the law is, when trying to claim your own belongings on someone else's property.
                            How did you get the sheriff to go? Sounds like the same basic idea but ours won't go.

                            Comment


                            • #15
                              Originally posted by The Other Me View Post
                              How did you get the sheriff to go? Sounds like the same basic idea but ours won't go.
                              But see..at that point, there was no dispute..we had been told to go get the horses......so we had the land owners (aka the asshole husband/wife) permission to get them. The sheriff only went to keep the peace.

                              If she took the sheriff with her and her ex ordered her off the property, the sheriff would tell her that she had to comply.

                              Comment

                              • Original Poster

                                #16
                                Right...Gotcha. It's been a long day.

                                Comment


                                • #17
                                  The only other thing that I can think of, if she wants the horse fast.....is to try and get a "friend" that the ex doesn't know...to inquire about buying the horse (horse is for sale, right?) and seeing if they can get the horse dirt cheap and bring it to the owner.

                                  It sucks and I hate it for her......I know full well how she feels...HELPLESS!

                                  Comment


                                  • #18
                                    A friend of mine many years ago leased her ASB mare to "friends" with a written agreement for 2 years so they could have a foal; the horse was always registered in her name. They up and moved after about 6 months and my friend could not locate them. It took her 5 long years to locate them. Another person watched the house where the horse was to see when they went to work and came home. When they knew they were going to be at work a group with a horse trailer went to the house to get her horse; she had all her documentation with her. This is how much she wanted her beloved horse back. She had spoken with an attorney friend and he said he would hold cash bail money for her just in case she was arrested and plead her case if it went that far (he's the one that said to go get your horse). Someone went to the door while two others went back to get the horse = distraction if needed. The young son was home and they just talked to him a few minutes until the horse was loaded. They said tell your parents that I took my stolen horse back. The people never contacted her and her lovely mare lived with her until her death at 32.

                                    Comment


                                    • #19
                                      Originally posted by FancyASB View Post
                                      A friend of mine many years ago leased her ASB mare to "friends" with a written agreement for 2 years so they could have a foal; the horse was always registered in her name. They up and moved after about 6 months and my friend could not locate them. It took her 5 long years to locate them. Another person watched the house where the horse was to see when they went to work and came home. When they knew they were going to be at work a group with a horse trailer went to the house to get her horse; she had all her documentation with her. This is how much she wanted her beloved horse back. She had spoken with an attorney friend and he said he would hold cash bail money for her just in case she was arrested and plead her case if it went that far (he's the one that said to go get your horse). Someone went to the door while two others went back to get the horse = distraction if needed. The young son was home and they just talked to him a few minutes until the horse was loaded. They said tell your parents that I took my stolen horse back. The people never contacted her and her lovely mare lived with her until her death at 32.
                                      Oh that is so awesome! Would love to have been a fly on the wall when they came home! 5 years, I bet they thought they were free and clear....
                                      I want a signature but I have nothing original to say except: "STHU and RIDE!!!

                                      Wonderful COTHER's I've met: belleellis, stefffic, snkstacres and janedoe726.

                                      Comment


                                      • #20
                                        I don't know anything about North Carolina law - except that it differs from the law in my state in several significant respects - so this is not intended as legal advice.

                                        But I don't understand how it can it be a civil matter if the parties aren't married to each other and one of them has proof of ownership on paper (bill of sale, papers in her name, etc.). If anyone would like to PM me the answer to this - or post it here - I'd be grateful.

                                        The police do not split up marital property, no matter whose name is on the property, because that's the court's job. But bf/gf stuff? I don't know. Must be different north of the border - unless y'all still have common law marriage up there, and that's the reason the police are shying away? (You can see, I really am clueless about NC family law issues.)

                                        Anyway, I do not foresee this situation ending well for your friend or the horse. It is very common in abusive relationships for the abuser to harm the victim's animals - and abusers often hold the victim's animals hostage to maintain control. So often, in fact, that our legislature is considering adding pets to the list of property that can be awarded during a hearing on an Emergency Order of Protection. Women often put themselves in danger by staying with an abusive spouse, fearing the animal will be hurt or killed in revenge if they go. And many times, this is exactly what happens.

                                        I know you don't want to post details online, but your friend might check with the local entity who helps abused women file the NC equivalent of an Order of Protection and see what advice they could give.

                                        Of course, I don't know if your friend was abused or not - but even if not, advocates for abused women deal with these sorts of issues all the time and could give her better advice than the police or the magistrate's staff.
                                        I'm not ignoring the rules. I'm interpreting the rules. Tamal, The Great British Baking Show

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