# free horse old owner wants back



## SullysRider

Unless you signed some sort of contract/bill of sale transferring ownership then she is still his. That is why it's important to have something in writing.


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## Sharpie

I dunno- does he have any paperwork showing the mare belongs to him? If he doesn't, then it's he-said-she-said and the board, feed and vet bills you have with her name and yours may be worth something. Possession is still a biggie. Could be a mess though- how much PITA and headache is that $500 worth to you?


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## dcglovex2

It wasn't about the money at first no.. But he started being very insulting so I said she is no longer for sale to you I'll keep her if u want a court battle then so be it... The only paperwork he had was her coggins from when she was 2 ... No other paperwork... The horse was given to me... So if he wants her back he will have to leave Wyoming come here to va file court papers etc...I would've let it go if he hadn't called me names and insulted my character


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## Dreamcatcher Arabians

dcglovex2 said:


> It wasn't about the money at first no.. But he started being very insulting so I said she is no longer for sale to you I'll keep her if u want a court battle then so be it... The only paperwork he had was her coggins from when she was 2 ... No other paperwork... The horse was given to me... So if he wants her back he will have to leave Wyoming come here to va file court papers etc...I would've let it go if he hadn't called me names and insulted my character


Gather up receipts for all the board, training, vet and farrier you've paid. If he decides to play rough, you'll have a bunch of expenses he'll need to reimburse you for before he can take that horse back. If he contacts you again, tell him, "Sue me" and wait to see if he does. I suspect...check your state laws on this.. that his time to sue to take the horse back will soon expire if it hasn't already. Make sure they know at your barn that the horse is not to be released to ANYONE but you or your parents (if you're a minor), put it in writing. Sounds like he's just a Jack A** and that's going to be all you hear of it.


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## dcglovex2

He is a jack a... He doesn't care about the horse the horse was in sellable when I got her now she's worth something.. I just gave him the 500 dollar price I homered my end of the agreement I contacted him and gave him his buy back option .. 3 weeks ago and I could've sold her 10 times over for 3 times that... Meanwhile I am still paying board feed hay and everyday care...nov 20th is when I contacted him. He left last week saying he would mail a check when he got back to Wyoming I finally contacted him last night to get told he was waiting.. I did let him know I would be counter suing for everything after the 2 month trialPeriod.. Including the 800.00 bet billing paid when she got kicked in the eye... She is at a new barn and Boone knows where it is...I also talked to the sheriffs office in va the statue is 3 months.. I did notify him at the end of February and told him it wasn't working out.. He convinced me to keep trying...saying he would come to town soon we set up a time and he never showed...oh but he loves her...


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## Saddlebag

Whoa, can he prove he even owned the horse? It's your say so against his and since the horse is in your possession, the courts will likely see it as yours.


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## usandpets

If he didn't show or call to reschedule, I would think that he basically gave up his first right to get her back.
_Posted via Mobile Device_


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## verona1016

With no contract it could go either way. I'd be willing to bet that (if it were to go to court) whichever lawyer knew the relevant laws better would win. IMO it sounds like legally the horse is still his, but that he would probably owe you for the cost of her upkeep and training, which at this point is much more than her value. It would be in his interest to either buy her from you for the original $500 you asked (if you're still willing to do so) or just sign her over to you. I'd avoid selling her to anyone else at this point until you have some legal proof that she belongs to you- either a signed statement/bill of sale from the original owner or a court order.


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## Boo Walker

Contact your state brand inspector - they can help you a lot with the laws of legal horse ownership.


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## Clayton Taffy

The horse is yours!! Possession and all that. I would sell her to a good home and never have contact with the old owner, if he can even prove he was the old owner. You honored your end of the bargain, offering her for sale back to him. He refused to buy the horse, case closed.


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## Speed Racer

Nobody's going to take you to court over a $500 horse. The old owner is bluffing and as Taffy said, possession is 9/10ths of the law.


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## Cat

A verbal contract is still a contract legally - they are just harder to prove. If he said he is giving you the horse - that is a verbal contract. In addition - even if he did try to get her back then he would owe money towards care, training, vet fees, etc. 

Its a bluff - he is hoping you will bend to his will so he can then sell the horse.


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## stevenson

I dont understand why you kept the horse after 2 months trial. You had stated the horse was yours and after 2 months she was not working out,you would return her. 
You should have returned her then, and not put $$$$ into her.


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## Clayton Taffy

Stevenson, Merry Christmas! You need it.


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## Zexious

Boo-Do all states have brand inspectors? I was under the impression that they didn't. /curious.


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## Clayton Taffy

I have never heard of a brand inspector before I joined this forum.


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## Cat

No, not all states have brand inspectors. It tends to be more of a thing out West than East.


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## Corporal

If there is no bill of sale, then you can accumulate all of your receipts and ask for reimbursement of care AND training. I keep my horses in my back yard, no BO to pay, and I spend much more than $500.00/horse/year on feed, bedding and Vet bills, and my healthy horses just get regular innoculations, worming, etc., NO Chiro or other services. Plus I do things "on the cheap."
I agree that he is bluffing, but take him seriously. If you can find an atty, get one involved. Many times my atty DH has sent a letter and put an argument to rest. Small claims is up to ~$3k now, I think, and court costs would scare this guy off.


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## Chasin Ponies

Zexious said:


> Boo-Do all states have brand inspectors? I was under the impression that they didn't. /curious.


 No such thing here in Ohio and in the Eastern US in general.


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## Zexious

Ah, I didn't think so. Thanks for the info, friends. ^^


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## stevenson

California has brand inspectors. You can track cattle thieves and horse thieves by branded hides. They go to the auctions, feed yards etc. I think every state should have them.
TC I did have a nice Christmas, I hope you did too.


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## RhondaLynn

interesting thread.. keep us posted

Rhonda


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## bkylem

While no one likes to be called names or have insults thrown at them, I think you will the find the courts will very unsympathetic towards this approach. It could actually hurt your case and damage your credibility.
You must be very organized and professional. Be polite towards your nemesis and treat this solely as a business matter. It should not come across as adversarial.
You simply wish to state your case and ask that justice be done.
You then have to accept the outcome.

It may very well be a lot of drama for a self-assigned value of $500.00, especially in absence of any documents.

I wish you the best !


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## paintgirl96

I was given a horse after his previous owner was caught making meth & fled up North to avoid police. He had his horse boarded at his cousins house. We had a written agreement saying that if his owner showed back up within 30 days, I would give the horse back. He didn't show up. Four months later, his mother decided to call us up & give us all sorts of h*ll about how she wanted her horse back & to give her our address so she could come pick him up. I told her no. So she decided to cuss myself & my fiance out over how we "stole" the horse & proceeded to take us to court. She had fake pictures of the horse as a foal (he has one hind half stocking & a blaze, she had pictures of a colt with two hind stockings & a star with a snip) & she studdered through the whole ordeal. The judge ruled if she was willing to pay $2600 for him (the cost of board/feed/training/vet expenses) she could have him back. Needless to say, she didn't pay for him & then texted us again later that week saying she was taking us back to court in her state & would have the horses previous owner before them there to vouch for her buying him. Well, we never got the subpoena for court, so he is legally ours now. The bad thing is when I was given him, he had a 5" deep, 3 finger wide hole in his chest from a t post where the man chased him up on it. He had no ground manners, refused to be caught, scared to death, was flank kicked & hit with a 2x6 on his underbelly when he wouldn't stand, & under saddle when he spooked/refused something he was spurred like crazy. His wonderful previous owner had stolen ***32*** horses so far from TN, KY, IN, & IL, made, sold, & used meth, had 7 warrants out for his arrest, has a rape charge, & 3 assaults on officers! So needless to say I was thrilled when I got the letter saying Hustler was mine for good!


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## dcglovex2

stevenson said:


> I dont understand why you kept the horse after 2 months trial. You had stated the horse was yours and after 2 months she was not working out,you would return her.
> You should have returned her then, and not put $$$$ into her.


The reason I kept her was she was my fiances who killed himself in Feb..I wanted to keep her an give her a chance!!!!!
_Posted via Mobile Device_


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## dcglovex2

He backed off she is in a good home....!!!! I never heard back from him....thank u everyone once I stated about being serious about countersueing he disappeared...
_Posted via Mobile Device_


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