# Please Somebody Help Me....



## Drifting

I'm sorry this happened to you.

I know you're already in the process of doing this, but get a lawyer. All we can do is give you advice, and 95% of that advice is going to be to get a lawyer.


----------



## texasgal

Your colt is plenty old enough to survive without nursing, so hopefully he is ok ..

Were you purchasing the mare from the BO .. or was the money owed for board?


----------



## bird3220

I am waiting on lawyers and animal control to call me back. I will be leaving work as soon as someone calls me with some legal hope. I haven't been able to sleep or eat in 2 days. I think this is going to destroy me. My heart is so broken right now.


----------



## texasgal

It WON'T destroy you .. because then he wins.

Where are you in Texas.. there are equine lawyers who might help you ..

Were you purchasing the mare from the BO? Is that the money you owed and paid?


----------



## BarrelWannabe

Do you have any physical evidence ready to be shown? 

Any vet bills with both of them as the patients? Not at the same time, but you know what I mean.
I think he's screwed himself by saying that the only the mare was yours, and the colt has been sold when he stated in the letter that the money owed was for both of the horses, and that they both belong to you.

I'm not sure if it would actually happen, but couldn't he be charged with perjury if he tells his current story in court, and not what is in the letter?

But I'm praying that you are able to have all of this craziness resolved and that your boy comes home.
_Posted via Mobile Device_


----------



## texasgal

Call the newspaper.. post on facebook .. go to Netposse.com ... get as much info as possible with pics out there ... 

Where are you located?

Was the money for board or purchase of the mare and colt??


----------



## bird3220

I'm going to take a picture of the letter and post it on here for ya'll to see


----------



## Ink

http://www.horseforum.com/horse-boarding/barn-owner-holding-my-horses-hostage-127684/

Here's her original post texasgal. From what I've gathered She purchased the horses in Feb. and had a verbal agreement with the BO that she could stay there free of charge. She's been providing feed for her horses and helping do chores around the barn. Apparently he told her a couple days ago that she owed him $15 a day for board starting back in May. The 15/day is the payments she was referring to.


----------



## wyominggrandma

Take the day off from work, go find a lawyer and go directly to animal control. Take all your evidence, photos and any messages you sent to friends, family, etc about your new baby ....
Time to get going before baby boy is out of state somewhere.


----------



## wyominggrandma

In both the threads you still talk about "waiting" to hear from someone.
IF all the information and documentation you have is real, then get to a lawyer immediately.. File charges. Get Animal Control involved. Forget the police,it is a civil matter and they can't do more than the law allows.
Get yourself in gear and fight for this foal.. But quit waiting, go door to door if you have to.............


----------



## bird3220

I am at the DA's office now, I am getting a Restraining Order drawn up to have a judge sign stating that the BO must tell me where the colt is and that I must be able to obtain the foal and put him back with his mother until a hearing can occur. Finally a little hope, but not hoping too much because the last two days have been nothing but disappointment. After I get it drawn up I just have to find a judge who will sign it.


----------



## Speed Racer

That's not a Restraining Order. An RO is so he can't have any physical contact with you, and has to stay a certain geographical distance from you.


----------



## Drifting

The termonology is a little wrong, but I can understand that with as flustered, and frustrated you must be.

I hope you can get a judge to sign it, I'm sure if you got the DA to write it up then you probably explained it very well. It makes sense that they would allow the baby to stay with the mother until the hearing. Good luck!


----------



## Allison Finch

I don't understand the need for a restraining order. What is the purpose of it?

I am also curious what the DA is telling you.


----------



## Speed Racer

Drifting, in order for her to have her property returned, she _has_ to file a lawsuit and get a court order in her favor. She just can't go to the DA and get something written up and signed by a judge.

Horses are _property_. The foal is 3 months old and will not die without his mother.

There's nothing a DA can do within the parameters of the law regarding property, except help her file a lawsuit against the BO. That's it. There is no magic paper that will get the foal returned to her today.


----------



## bird3220

the petition is based on the well being of the colt not a determination of ownership.


----------



## wyominggrandma

Yes, but then you could take the mare and foal and disappear with both of them if you get the foal from the BO.. Remember, just because a judge will sign the letter, it still has to get served and the BO can make himself scarce if he sees a police car drive up.
Hope you can get your foal back. Still have lots of doubts in my mind about this whole scenerio... Did you scan the letter to post like you said you would?


----------



## Speed Racer

The petition STILL has to be filed with the courts. There is no secret, special way for you to circumvent the legal system. 

All I can assume is that the DA is filing the petition on your behalf. Once it's been entered into the legal record, then a court date will be set for a hearing concerning to whom the foal belongs.

As long as the BO can prove the foal is in no danger physically, the animal can't be taken from him until the courts determine to which of you the foal belongs.


----------



## muumi

I don't think the OP should worry about scanning and posting a letter to us. She has a lot of other things to do.
_Posted via Mobile Device_


----------



## wyominggrandma

Um, she is the one who stated she was going to scan the letter for all of us to read . She offered, we didn't ask.
Again, if all is true that is being told, then I hope she gets her foal back.
However, two sides to every story. I just can't imagine anyone would want to be hauled into court for stealing a horse, which is what the OP says the BO is doing. Just doesn't make much sense to me at all.


----------



## Speed Racer

muumi said:


> I don't think the OP should worry about scanning and posting a letter to us. She has a lot of other things to do.
> _Posted via Mobile Device_


*Nobody* asked her to do that, she volunteered it herself. 

I for one don't care one way or the other if she scans and posts it since it's obviously irrelevant, otherwise it could be used as evidence for her lawsuit.


----------



## wyominggrandma

What is amounts to is this: if indeed the true story is what the OP has stated, with all the truthful facts, no fabrications, then she has been done a great disservice and should indeed get her foal back.
If there are some discrepencies and fabrications that are being given and the BO is within his rights, then guess a court of law will make a decision. 
I don't for a minute believe the "stupid officer" just was doing what he wanted, I don't believe that is what happened. He was following what he could do, obvioiusly the letter he had in his hand gave him the reason for not allowing the foal to be taken that night. If indeed he didn't do what needed to be done, then I would have been filing a complaint against the police officer that night.
The OP will have to go to court to get her foal back.. Sounds like the BO believes the foal is rightfully his. She says its hers. I am not there, so can't say for sure, we are only reading what she is posting. Would be interesting to hear the BO's side of things.


----------



## muumi

Yes, it will be interesting. Perhaps we can just wait and see how things turn out?
_Posted via Mobile Device_


----------



## bird3220

I will file the petition in order for my colt to be able to nurse, then a hearing will be set regarding who legally owns the colt.


----------



## Roperchick

just get it done...try not to stress out. were alll (relative term) rooting and praying for you and your colt.


----------



## TimberRidgeRanch

BIRD do you mean a take possesion order needs to be sign by judge? If so Its then handed to a sheriff office and both you and the sheriff go to the barn wether BO is there or not you can get your colt back The lock on the gate can even be broke if the court order signed by a judge. Just the same as when animal cruelty is found once a court order has been made by a judge no lock gate can stop a sheriff and rescue from seizing animals. a Take possesion order means just that TAKE POSESSION.
If your in the right from what you are telling us it will all work out. You just keep doing what your doing. and good luck.

TRR


----------



## chandra1313

I hope you keep us posted. Keeping my fingers crossed.


----------



## bird3220

Hey everyone. Thank you all for your concern. I have had a long last 3 days and in time I will show everyone the letter and everything showing you I am not lying to any of you, but right now it is in my colts best interest if I just say that I now have court orders and I know both of my horses are going to be just fine!
_Posted via Mobile Device_


----------



## Cinnys Whinny

I read the other thread and this one. What a roller coaster. I hope it all turns out okay. I know what it is like to have a beloved horse taken, especially when it is someone you thought was a friend. I bought a horse back in the 80's from a very good friend. Actually her family was like a second family to me and I grew up with them. I bought the horse from the dad and had her for 5 or 6 years. He never got around to getting her papers from his safe deposit box. I never worried about it. Unfortunately he passed away and his daughter, who was also my friend, took the papers with her to my stable with the Sheriff and took my horse claiming she was hers and I had only been leasing it  There was NOTHING I could do in this case... I am glad that YOU have something you can do...

Good luck, I will be keeping my fingers crossed for you!!!


----------



## bird3220

Thank you very much. I just keep praying both of my horses are ok. I am fully prepared to accept whatever the judge decides because I was stupid and didn't get everything in writing however I absolutely will not give up fighting for my colt. I love him and I will not give up on getting him back
_Posted via Mobile Device_


----------



## Runninghot88

So what happened?


----------



## bird3220

I go to court Thursday the 12th for the hearing......


----------



## stormylass

*Coggins???*

First off I am sooooo sorry this happend, but first thing get a lawyer ,I also am in Texas and we have very specific laws here regarding what has happend to you(you probably know by now ) alison Rowe is an equine attny in Dallas. Also it is against the law to sell any horse without a coggins, check with the vets! They might know where he is... also by Texas law he has to wait 60 days before he sends the letters, then 11 days after that he can take horse toPUBLIC AUCTION on the 20th day, the 20th day and not a day before, and he can not keep the money, only the money owed any extra must be given to you if he cant find you it must be turned into the county treasurer in the county where the horse is boarded.


----------



## bird3220

I had court today and......

HOLY GOODNESS GRACIOUS I WON!!!!! Not temporary but permanent full custody. He is ordered to release him to me by 6pm. 1 hour from now at the latest!!!! More of an update after I get him and get settled in. Thank you God and everyone. WE WON!!!!!!
_Posted via Mobile Device_


----------



## QtrBel

That's great news.


----------



## gunslinger

bird3220 said:


> I had court today and......
> 
> HOLY GOODNESS GRACIOUS I WON!!!!! Not temporary but permanent full custody. He is ordered to release him to me by 6pm. 1 hour from now at the latest!!!! More of an update after I get him and get settled in. Thank you God and everyone. WE WON!!!!!!
> _Posted via Mobile Device_



So, GIVE US THE PLAY BY PLAY!

Testimony, how long it took etc.....

I love a story with a happy ending!


----------



## bird3220

This is a basic rundown I copied and pasted from my original post about the BO holding my horses hostage..... There are so many other details, but these is the basics. 

Right before court I found out the BO had a lawyer (made me even more nervous). Went through about 3 hours of court. I testified first, then I called 2 witnesses and then the last person who testified was the BO. His lawyer asked me a bunch of questions and asked me why I accused him of stealing from me and told me that at some point I had to have known that he wasn't going to give me the colt. His lawyer also made the statement that the BO told him that I had agreed to leave my mare on his property while Dyllon was still nursing and that's why I was not asked to pay board (so why would the BO put in the certified letter I owed him board for horses if we had an agreement that I wouldn't pay board)!!!!! Then we both asked my witnesses questions. 

One of my witnesses is the man who's barn my horses are currently at (I have a great boarding contract now!!!), and his lawyer was asking him questions making it seem like I neglected my mare because a while back she had an abscess from stepping on a nail (@ the BO's property), and her current cuts from the fence. I was able to requestion the NEW BO regarding the care of my mare after the lawyer tried to prove neglect and I asked him questions like when my mare jumped the fence when she was removed from her colt what did I do, and where did I stay. He replied with the truth which was that from that Friday evening until Sunday night about 9pm I did not leave their house. My mare instead of sleeping in the pasture slept in their actual back yard and I slept in their living room with only a window seperating us, and I was up and down all night long checking on her. He told the court I bathed her and doctored on her and spent every minute for 48 hours focused on her and nothing else and that I in no way neglected her one bit. He also told the court I sat outside with her for hours that Friday night calming her and just spending time with her because nobody else could calm her down. 

The lawyer quesitoned the BO first and he made a lot of contradicting statements. Going in I knew I was going to ask him questions to get him fired up and it worked. He started getting confused and throwing his hands around and ended up basically messing up most of his "story". We broke for recess and when the judge came back he awarded me the request for emergency petition of return of property and stated that it was a permanent and not temporary decision. He stated that no additional fees would be awarded to either party. (The BO's attorney, the asked the judge if he would order me to pay the BO's attorney fees - DENIED!!!!!!)....... I ran to my apartment and grabbed my rain boots (been raining here for 4 days), and my friend ran and grabbed his trailer and we headed to the barn. We stood in the road for about 10 minutes and the BO finally came to the driveway and was like "He's your horse, go get him"...... took me all of 4 minutes to halter him and get him in the trailer and we were headed home. 

Possibly one of my most favorite parts about court was that I got to question the BOand only his lawyer was allowed to question me. When I testified I quoted the letter out loud. When he got on the stand I questioned him about the letter. 

I asked him the following questions, his answers follow the questions:

Do you remember telling the police officer you had no interest in keeping my horses you just wanted the money you requested in the letter? "YES"

Did you state that the $360 was for both horses? "YES"

Did I pay you $360? "YES"

Why when I returned to the property with the money for the horses did you then change your story and say that the $360 was only for my mare? "Because you brought the cops to my house and I was mad, so I decided not to give you Dyllon"

Wait, so your saying that the letter stated the $360 was for both horses, but that night you told the police officer it was only for one horse? "YES"


So basically he stated in court under oath that he lied to the police that night and only decided to give me one horse for $360. He also said he NEVER actually sold my colt and that he had always been on the property. I asked why he gave the $180 check the following day to the police to hand to me and he stated it was because he had decided not to give me the colt. I reiterated, but you just said you took $360 from me the night before. So you knew the night before you were doing the wrong thing and you just did it because you were mad that I brought the police to your house? YES, I was mad you brought the police and I decided not to give you the colt....... 

And this is the certified letter for everyone who said that there is no way a police officer could have actually read what I stated and allowed the BO to keep the horse..... Read this.... IT REALLY HAPPENED!!!!! I took the names out of it just out of respect.


----------



## gunslinger

Wow....so, how much did the litigation cost you, if I might be so forward to ask?


----------



## bird3220

I spent almost $1000 with filing fees, service fees, and the money I paid on the 19th when the police officers were present.
_Posted via Mobile Device_


----------



## natisha

bird3220 said:


> I spent almost $1000 with filing fees, service fees, and the money I paid on the 19th when the police officers were present.
> _Posted via Mobile Device_


I'll bet that is way less than the BO had to pay. Lawyers aren't cheap.
Great story.
How was the Mom & Baby reunion?


----------



## bird3220

I am hoping I paid way less than him!!! I also pray he never does anything like this to anyone ever again!!!! I know from now on anything I have will be in writing!!!!


----------



## Randella

Such a happy ending to such a terrible story! I'm so happy for you!


----------



## Equilove

I'm so glad you got your babies back. Awwww. :') PS Cheyenne is a fantastic name...


----------

