# Should have made a contract much sooner...



## QtrBel (May 31, 2012)

I did this for my brother. He wanted a horse for his 8 year old daughter. Had to be a "baby" and black and a stallion for her to grow up with. If left to his wife that is exactly what they would have gotten eventhough they had no fence or shelter. I told him I would find something and keep it until they got the fence done, trees planted and a shelter. All he had to do was pay any feed costs, hay, wormer, farrier and vet fees. He agreed. I found a 15 month old, black stallion that I had gelded two weeks after he was delivered. That was January. The bill was sent to them. My brother paid up front for hay anf feed that winter. I expected they would have fence and shelter plus trees before school was out and then pick him up as soon as summer started.

4 years later they sent someone for him but they were told he would be reported as stolen if all bills were not paid. We only saw a small fraction of our cost to keep him. It really wasn't all that much by by that time even though I told my brother over and over I wasn't training him I did end up putting quite a bit of time in as well as paying someone to put 30 days on him at my house under my supervision. 

I had the foresite to transfer him into my name not theirs and so I did have that. I also paid for him as he was part of a package deal I worked out. Owner was a color breeder that took a chance on breeding a pally that carried about to a new black mare they bought thinking they would get a buckskin because that was what the mares other colts were. They got a smokey black. 

I think you could draw up a bill and make their pick up contingent on the past due as well as current upkeep paid in full before he leaves your property and add in a date by that is fair that they have to remove him or you get to sell him for a minimum of what is owed and if sold for more you keep a percentage of the sale.


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## LoriF (Apr 3, 2015)

I guess your title is right. I would say good luck on getting anyone to sign a contract now.

So basically, I would think what you would have to do is call her and tell her that you cannot afford to take care of another horse and that either she sends you X amount of dollars with a signed contract or you will sell him to recoup what you have lost. If she doesn't respond favorably then you'll have to go through with what you said you would do. Honestly, most people wouldn't even give the horse back at this time. 

I would check the laws of your state to find out what kind of action must be taken. In some states, you would have to report the horse abandoned and the state would then take over and remove the horse from your property. They would then put out a local notice and if no one responds they will auction the horse off and the state would keep the money. I suppose you could buy the horse back at auction if he was auctioning low and then you would be the legal owner and able to train and sell said horse. Other states would recognize you as the owner already. I would make some phone calls and find out. 

Either way, it sounds as though you are going to have to get hard on your friend or just keep paying for her horse as you have been.

Edit: Here is an article you can start with
https://thehorse.com/148907/abandoned-horses-who-owns-them-and-who-is-liable/


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## Foxhunter (Feb 5, 2012)

I agree with the above. 
Tell them that you are not keeping the horse for,free and they will be charged X amount per month for his keep plus any other costs, farrier/vet. 

Give them a bill for what he has cost you up to now and clearly state that if this money is not paid by a certain date and livery costs at the end of each month, then you have no choice but to sell the horse to recoup your losses or, they can turn the horse over to you to sell straight off.


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## Dreamcatcher Arabians (Nov 14, 2010)

TurboCharger said:


> I'm hoping for some advice on who to go to, or how to write up a legal contract. So here's the issue (and I'll try to keep it short and sweet):
> 
> 
> Last June (2017), my best friend moved across the country. At this time, they could not afford to ship the horse with them, and their parents refused to keep him for them. So I offered to keep him for a couple months, with the understanding that the friend would be assisting with any costs (feed, hay, farrier, etc.). Jump ahead to now (15 months later), and I have yet to see a dime from this friend, I keep getting lame excuses for why they haven't gotten the horse out, I've been promised financial help over and over, and nothing. This is a 3 year old quarter horse, and I really hate to see him just sitting in a field, since I don't have the time to train him AND my own horse.
> ...




What do you have in 'writing'? E-mails, correspondance, voice mails? 

I don't know the laws in your area, so be sure to look them up but generally what you'll need to do is send them a bill for all monies due and past due, with a demand letter stating that if the amount is not paid in full by XX date, you will file in small claims court and ask the court to award you the damages. You need to send this via regular mail AND registered mail, return receipt requested so they have to sign for it. Keep a copy and keep the receipts for the postage on both. Then if/when the date passes and you have heard nothing, you go file a claim in small claims court (under 5K, no attorney needed, probably about $100 filing fee, pay to have the person served by an outside, uninvolved party), keep all your documentation. Once you've done all that, then you'll get a court date and you'll go in to court. Chances are they'll fail to show up and you'll get judgement in your favor. In that case, you will either be given the horse by the court or told by the court that you have to auction the horse at public auction and any money you get over the board bill (HAH, Like THAT will ever happen) is to be sent to the current owner. It all depends on your state's stableman's lien laws. You're not going to get a contract signed at this late date, and it's probably better if you don't now. That could make it so you could only collect from the date of the contract. 

I would write the letter as factually and unemotionally as possible, saying something like, "When you left Old Dobbin here on June 12, 2017, due to your move and your parent's refusal to keep him for you, we had agreed you would have him moved with X months (whatever you actually agreed on) and that you would pay for his board, farrier and vet costs. As of THIS date you have not paid anything and your horse is still in my care. He will not be released to you or to a party you hire until all money is paid in full. An accounting from June, 2017 is enclosed. All money is past due and payable now. If I have not received payment in full from you by XX date (probably somewhere between 10-30 days, according to your state's laws) I will file a claim in Small Claims Court to have a judgement against you for this amount." . Don't say anything about selling the horse or taking ownership away and keep your property locked.


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## horselovinguy (Oct 1, 2013)

There are things called liens...and yes, a horse can have a lien lodged against it.
The animal has been abandoned in your care.
A verbal agreement was made, binding by law in many places of this nation.
You will need to have bills and proof of spent money.
They need to provide the courts with proof they have been paying monthly for the animals keep and care......
This might fall under needing to be sold at auction, I'm not sure how they resolve.
But, this long and no funding arrived means to me they abandoned the animal.
Probably not going to cover your costs but you can stop the bleed and recoup some costs with a sale done.


There is a saying friends is friends, business is business and rarely do they ever cross paths well...
Hindsight, a contract is a necessity to keep friendships friendships...either way, this friendship is done when you sell the animal or end up in a court of law suing your friend for costs the animal cost them/you.
Do what you need to do...learn by this and if ever a next time for someone or yourself, _protect yourself._
:runninghorse2:...
_jmo..._


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## TurboCharger (May 12, 2017)

Yeah, she's been pretty careful, I suppose, to not agree to anything in writing. Well, technically she told me a few things she would do through Snapchat, but pretty obvious why that's not too helpful here. All very good advice here, thanks much!! 

I've definitely learned my lesson, if nothing else, especially after having asked a couple people that knew both me and my friend, and they agreed that there shouldn't be any reason for a contract when she moved. Guess I'll start with a letter and work up a bill of some sort, see if that'll work as a wake up call and I can avoid bringing the law into it? And sending a letter might could buy me some time for research on my state's laws/regulations and such. Who knows if that'll help now, but there's always hope...I think.


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## Dreamcatcher Arabians (Nov 14, 2010)

I've only had a couple of boarders where I had to go the registered letter, threaten small claims route, actually had to go as far as filing once, and I was 50/50 on the outcome. One person paid up, the other person just disappeared and I got the horse awarded to me to sell. I do have a comprehensive contract for boarding, and it has a lien right in it.


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