# Back board but no contract....



## Speed Racer (Oct 21, 2009)

You can _try_, but without anything in writing to prove you're owed the money you're more than likely going to lose, and then will be out court costs as well as the unpaid back board.


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## Serenity06 (Feb 12, 2011)

Thats what i was thinking..... I do have a piece of paper with all the months added together for the money owed and her signature.... Its NOT a contract, just off a note pad. Would that hold up at all?
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## DancingArabian (Jul 15, 2011)

Your word against theirs. I would check your local laws about putting a lien on property (the horse and tack in this case) and perhaps even seek a lawyers advice. A nicely worded letter on a law firms letterhead threatening to sell the horse and tack within 30 days may be enough.
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## PaintHorseMares (Apr 19, 2008)

Serenity06 said:


> Thats what i was thinking..... I do have a piece of paper with all the months added together for the money owed and her signature.... Its NOT a contract, just off a note pad. Would that hold up at all?
> _Posted via Mobile Device_


It certainly could. Keep in mind, though, that even if you take it to court and win the judgement, that doesn't mean you'll actually be able to ever collect any $$$s.
Good luck, though.
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## SouthernTrails (Dec 19, 2008)

Serenity06 said:


> Thats what i was thinking..... I do have a piece of paper with all the months added together for the money owed and her signature.... Its NOT a contract, just off a note pad. Would that hold up at all?
> _Posted via Mobile Device_


A piece of paper showing amount owed to you with her signature, sounds like an admission of debt, I am not a lawyer, but sounds like a good case with enough evidence for small claims court. 


.


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## Speed Racer (Oct 21, 2009)

DA, it's a former boarder so I don't think the horse or tack is still on the property.

Serenity, is there anything on the paper other than the figures and her signature, such as wording that she agrees this is the amount she owes you? If that's the case, you may have a better chance at suing her. Of course, as Paint stated, even if you win there's no guarantee you'll ever see the money.


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## Serenity06 (Feb 12, 2011)

The horse is no longer on the property and they have moved out of state, just 40mins away but out of state. The past due balance is a year past due. All the paper has is the figures and a signature.....
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## PaintHorseMares (Apr 19, 2008)

If it me and the amount was $1000 or less, I would just write it off as a bad debt. More than that may be worth the time and aggravation of trying.
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## SouthernTrails (Dec 19, 2008)

Serenity06 said:


> The horse is no longer on the property and they have moved out of state, just 40mins away but out of state. The past due balance is a year past due. All the paper has is the figures and a signature.....
> _Posted via Mobile Device_


Out of State make it more difficult and costly, filing fees, serving fees by the sheriff, etc. 
It could cost 100.00 to 150.00 just for the paperwork to start to them, then time off work, travel, etc. 


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## Serenity06 (Feb 12, 2011)

Its about $1200. I've tried looking things up online but short of calling lawyers i cant really find anything. Wanted to get more input before doing so. Are there statutes for like time frames to file? Its at least 1yr to 1 1/2 years past due, is it possible to wait too long to file?
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## Speed Racer (Oct 21, 2009)

Kansas' statute of limitations for debts is 3 years whether it be written or oral, so you're still within the time limit if you want to file.

$1,200 is a chunk of change, but it's under your state's small claims court limit ($4,000), so you might want to try that route if it's feasible.


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## PaintHorseMares (Apr 19, 2008)

If you talk to your county's clerk of courts, they will explain the small claims process to you. One of the purposes of small claims is to avoid lawyers...
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## Serenity06 (Feb 12, 2011)

I know to file a small claims here its $150-200 i believe. What real chance of winning do i have?
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## PaintHorseMares (Apr 19, 2008)

Serenity06 said:


> I know to file a small claims here its $150-200 i believe. What real chance of winning do i have?
> _Posted via Mobile Device_


I'll go out on a limb based on my small claims experience and say you'll probably win. If the other party is out of state, they probably won't even show and you'll get a default judgement.
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## Serenity06 (Feb 12, 2011)

Thanks guys! I have a call in to an equine attorney here, just waiting on a call back. I just like getting input from these sources too 
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## Dreamcatcher Arabians (Nov 14, 2010)

I would just walk away. She's owed you for over a year, so it's not making the difference between whether your horse eats or not and carrying around the anger at her is doing more damage than good. Even if you get the judgement, chances of collecting are very slim. Not to mention, she owes you $1200, you have to file, another $150-200, and because she's out of state you'll have to pay someone in her state to serve her, another $50 or more, then a day in court so lost wages, gas money and probably eating out at a restaurant. You're also looking at various postal fees to send all the certified, return receipt letters you'll need to send to show how you've done your due diligence on collecting the debt. 

Sounds like throwing good money after bad to me.

I'm not just talking to hear myself speak either. I went and got 3 mares from a client in KS, brought them down to my ranch for breeding, fed them back up to a healthy weight, bred them and sent them home in foal. I ended up getting stiffed for over $2500. I wrote it off as a loss. No point in wasting time & money when my chances of actually getting paid are slim to no good.


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## Serenity06 (Feb 12, 2011)

Oh wow! I'm sorry you went through that! I completely understand what you are getting at.
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## CLaPorte432 (Jan 3, 2012)

No contract...no proof.
i think your better off just forgetting about it and writing this down as a lesson learned.


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## Dreamcatcher Arabians (Nov 14, 2010)

Serenity06 said:


> Oh wow! I'm sorry you went through that! I completely understand what you are getting at.
> _Posted via Mobile Device_


Unfortunately, it's frequently the "price of doing business". And, since horses are a total luxury, when times get tough the horses end up getting shorted and their bills are the ones that don't get paid. You can't take it personally, you just have to kind of have a bit built in to the board bill so that it doesn't keep you from being able to feed your own horses if a boarder stiffs you on theirs. 

In the future, if you ever board a horse again, get a good contract and don't allow the horses to be removed until the bill is paid in full. Possession is 9/10 of the law and if you have them on your property and have to go to court, the judge is likely to award you the horses and you can then sell them at auction (this is required in many states). That way you can recoup SOME of what's owed, though in today's market......it's not worth the bother to me.


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## Saddlebag (Jan 17, 2011)

Let her know that you plan on putting a notice in the newspaper regarding the debt that you will be naming her and the amount of debt owing for the care and feeding of one (color) commonly known as (horse's name). Also add that if the debt is not repaid by (date) the horse will be sold at public auction. In the meantime lock up all her stuff, get it out of the barn. She may pull a midnight skulk and remove the horse. In Ontario we can do as mentioned above but if the sale of the horse exceeds the debt plus reasonable expenses the remainder must be given to the owner. I really doubt you will get your money, even thro court as I suspect she just doesn't have it. OR, have her sign the horse over to you in lieu of debt.


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## Speed Racer (Oct 21, 2009)

Saddlebag, the accused is an EX boarder and long gone.


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## stevenson (Sep 12, 2011)

you have a signed note. Also look up agisters lien. file that. Good luck. First thing is to send a registered letter. Do not put any notice in the paper until the lien is filed. Then I believe you can post a notice.


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## Speed Racer (Oct 21, 2009)

There is nothing there on which to PUT a lien, stevenson. Boarder, horse and tack are long gone. Agister's liens only work when the goods are still on the property.


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## stevenson (Sep 12, 2011)

guess you could take her to small claims court. if you want to deal with the headache and hassle, and by the time you are done with all the fees, it may not be worth it. It is a headache, and you need receipts for everything to prove cost.


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## Mochachino (Aug 14, 2012)

I'd chalk this up to a lesson learned and just move on.


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## Serenity06 (Feb 12, 2011)

Ok so question.... IF i took her to court and IF i won, what do they usually do to get my money back? Just order her to pay it or???

The note is signed but if she claims she paid it i have no proof she didnt and she has no proof she did.... Which she hasnt.
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## angelbkm212 (Aug 27, 2013)

the notes you have may mean something, if she has acknowledged that she owes you money then you may have a chance of getting it back, but its not concrete. Have you tried talking to her or seeing a mediator


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## MiniMom24 (Mar 13, 2013)

If she doesn't pay it then you can probably get a lien on some of her property, a horse trailer, car, or even her house. In Canada, it's the Sheriff who puts the Judgment Lien on things, so maybe try calling the Sheriff's office and ask what steps would be taken to get paid.


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## Saddlebag (Jan 17, 2011)

This is a fine example of a BO allowing a boarder to get into arrears. If the board isn't paid within 5 days, then it probably won't be and that is the time to act. Promises of payment are empty words. When a boarder gets into financial difficulties, paying the horse's board is at the bottom of the priority list.


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## franknbeans (Jun 7, 2007)

I actually had to file a claim last year to get a refund on a returned saddle.....long story. But anyway, they were in another state, and I had to deal with the county where THEY were, not where I was. I would find out what county they are in and call the clerk of courts there. I had everything all ready to file and sent the folks a registered letter (return receipt as proof they got it), that basically gave them 30 days to pay, and after that I would file. In my case, it worked-they paid-right at the date. I got my $$, and saved the $150 in fees. Keep in mind I kept everything ready to file until I had the check in the bank for about 30 days just to be sure.
Just do not let it go-I would suggest you get going on it, as there is a statute of limitations.......


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## MiniMom24 (Mar 13, 2013)

Sorry, I meant if you won in court and she doesn't pay. That's when you can get a judgement for liens on property. 



MiniMom24 said:


> If she doesn't pay it then you can probably get a lien on some of her property, a horse trailer, car, or even her house. In Canada, it's the Sheriff who puts the Judgment Lien on things, so maybe try calling the Sheriff's office and ask what steps would be taken to get paid.


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## Celeste (Jul 3, 2011)

Attorney and court costs are going to be more than what you are owed. I would just write it off and go on about your business.


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## franknbeans (Jun 7, 2007)

It isn't for small claims, and as I said, in my case, the letter worked. You could even get one from an attorney, that may hold more weight. doesn't cost much for a letter.


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## MiniMom24 (Mar 13, 2013)

Yes, What frankknbeans said, sometimes a just the Demand letter is enough to scare them into paying. I would start with that. They are easy to draft up, you can usually find exampled on the internet.


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## Saddlebag (Jan 17, 2011)

Your best bet is to call the local court house. It may very well be worth your while to take it to small claims. An attorney isn't needed. If you win, she will have to pay your costs, if you apply for them. The court may require a filing fee. In Ontario it used to be $50.


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