# The unpaid for horse! Please help!



## CupidsBlessing (Jun 25, 2011)

I bought a horse 2 years ago as a 9 month old filly. The lady I bought her from said that the papers for her would be coming and she would send them. I kept trying to get ahold of her, and finnally gave up. Instead of going through her, I emailed the owner of the Stallion who said she would be happy to sign for the papers and said she would then send them to the mare owner for her to sign. I got an email from her this morning and this is what it said...


Hello Madison, My friend has sent me papers to sign, and the e-mail messages below. Could you please tell me who you purchased the filly from? I sold several horses including Kitty Hawk, and her foal to a woman in E**** named T****. She purchased them on contract, and did not finish paying for them.* That's why the filly wasn't registered when she should have been. Perhaps you could get ahold of T**** for help......I don't*
*believe it's lawful to sell property that isn't paid for......she needs to contact me. Thanks, I*** M**** *

*What do I do? What are my options? Is she able to take my horse away from me. This is my first horse and I love her to death. Please help!*


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## PaintHorseMares (Apr 19, 2008)

Sadly, you need to talk with a lawyer.
_Posted via Mobile Device_


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## waresbear (Jun 18, 2011)

She's right, the person you bought your horse from, can't legally sell the horse. I would find out what is written down in a contract between the person you purchased the horse from and the person who sold her the horse. If it's all in black and white, the original owner could take legal steps to repossess your horse and you would have to take legal action against the person who sold you the horse, very messy.


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## Cat (Jul 26, 2008)

I agree - you need a lawyer. I really do not know what they would do in this case. But if you put 2 years of feed and care into that horse I would really hope they could not just up and take it from you - but you never know. Hopefully the breeder does not want the horse back and somehow they can just get a ruling from the person you bought her from to pay what is owed. Good luck.


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## waresbear (Jun 18, 2011)

Just a thought, but maybe contact that person again, the one who sent you the email, and ask if you can pay a portion of the amount owing for your filly to obtain a clear title and registration for her?


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## Roperchick (Feb 1, 2010)

What wares said...
Except I would hold off on paying any money to anyone till you can have a lawyer look at the situation


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## Dustbunny (Oct 22, 2012)

I agree with Waresbear. If you can make an agreement with the breeder for some sort of payment it may be less expensive than going to an attorney. She may very well rather have money than your horse so it is worth a try. You bought the horse in good faith and have put a lot of time and dollars into caring for it over the last two years.
I would email her back asking if there is some way to clear this up. Let us know how this goes. Wishing you the best.


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## Cacowgirl (Feb 19, 2011)

One reason to make sure if you want a registered horse, see the papers when you see the horse, & get the papers when you get the horse. All the promises of papers coming later...well, not so often. I would give the breeder the most up-to-date contact info on the seller, & then not get in anybody's face & see if they sort it out on their own.


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## Clayton Taffy (May 24, 2011)

I wouldn't worry too much about it.
You might never get the papers you wanted.
Possession is 9/10 of the law, if original breeder hasn't worried about getting their money by now, I doubt they will be too eager to come after you now.
I would just sit tight and let the breeder make the first move. Why spend a bunch of $$$ on a lawyer if it isn't necessary.

But do keep track of all bills paid on the horse and anything that proves you are the owner of the horse. I hope you got a bill of sale.


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## Corporal (Jul 29, 2010)

YES, contact a lawyer. Ask friends and business associates to find one for you, if you don't know one--DH is an atty, btw.
Also, since she didn't complete the sale from the stud, perhaps the stud owners knows who has ownership of your horse. It's true that anything can be sold to anybody, and perhaps you could complete the sale, via your atty, and then sue for the monies that this woman has taken from you.
BTW, in my American History research I came across _several_ stories in the 19th century of people who moved west bc they bought a farm in IL from somebody who wasn't the owner. This isn't a new game. =b


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## loveduffy (Dec 22, 2011)

first welcome to the forum as you could see there is a lot of help from people so good luck I hope this works out for you


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## CupidsBlessing (Jun 25, 2011)

An update, I do have a bill of sale. I am going down to talk with my parents after school. I am hoping for the best. She is my first horse. She is my girl. When she hears me whistle she runs in from the field to see me. She is such a sweet girl. I couldn't imagine life without her.


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## wetrain17 (May 25, 2011)

Can't offer any other advise that hasn't been said. Just want to wish you luck.


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## JaphyJaphy (Nov 15, 2012)

If you would like to pursue some sound legal advice without having to pay lawyers fees, check to see if there is a Law Line in your area. The people who staff it are very knowledgeable about the law. They will be able to answer any questions you have about your situation, and can make appropriate recommendations. I have used the Law Line myself with good results. Good luck!


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## 4horses (Nov 26, 2012)

#1) if the 2nd owner did not finish paying for them, than the first owner should have reported them as stolen property. If there is no police report she is going to have a hard time "proving" anything at this point. 

#2) If she has the real first and last name or address of the 2nd owner there is no reason the police could not have re-claimed the horse or tracked down the owner.

#3) If she was so concerned, she would have taken the 2nd owner to court. 

Now if she has filed a police report and listed the horse as stolen, technically you are in possession of stolen property and she can reclaim the horse. If she tries that, be sure she has the police with her- otherwise she could be "faking". 

If the horse is stolen, it is also possible that you can pay the original owner for the horse and the papers, but you would probably need to take the 2nd owner to court as well to get your money back. 

It may not hurt to send her T's information- as that is the person she will probably have to take to court to get her money back. Again a very messy situation... 

How much is the horse worth? If this is a high value animal I would be more concerned vs if this was someone's backyard pet. It sounds like she is more concerned with the money she is owed than getting the horse back.

If she does not have a signed contract with owner #2, or a police report, there is not much she can do legally. Check netposse and see if the horse is listed as stolen. 

I doubt she has the energy or means to go after you or the original owner. Unless these are high value animals it would probably not be worth it to go to court.


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## Little Jane (Mar 7, 2013)

I have no advice, but I am so sorry this is happening, and I hope it all turns out okay


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## Saddlebag (Jan 17, 2011)

You could contact the registry. They don't like this sort of thing happening and a breeder can lose their priveleges and not be able to register with them.


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## jimmy (Aug 26, 2009)

Taffy Clayton said:


> I wouldn't worry too much about it.
> You might never get the papers you wanted.
> Possession is 9/10 of the law, if original breeder hasn't worried about getting their money by now, I doubt they will be too eager to come after you now.
> I would just sit tight and let the breeder make the first move. Why spend a bunch of $$$ on a lawyer if it isn't necessary.
> ...


I,d agree with taffy ,you bought the horse in good faith,the breeders contract is with the woman who bought from them,


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## Joe4d (Sep 1, 2011)

failing to pay isnt stealing, and police arnt gonna track down anyone. If anything it is a civil matter between owner one and owner 2.


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## TurkishVan (Feb 11, 2013)

While I am not a legal expert by ANY means... I would refrain from offering the original owner any money, portion or not. This person could be blowing smoke up your "you know what". There's no reason you should be paying THEM when you're not at fault. 

I agree with everyone else. Talk to a lawyer!


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## Saskia (Aug 26, 2009)

It's a tricky situation. My opinion is that regardless of the law you shouldn't just ignore the situation. 

From what the breeder wrote to you, to me it doesn't sound like she's demanding the horse back, but just inquiring who your bought it from. If she sold multiple horses to someone she could have lost a lot of money. If you have a bill of sale and have owned and cared for the horse for two years I would think that the breeder would have a hard time claiming the horse back this far down the track. She would have to prove her ownership as well as explain why she has not yet pursued this. 

I'd just tell her the situation, say that you bought your horse two years ago with a bill of sale and had no idea of this situation. Even tell her how great a horse she has been and how much you love her. Tell her you have been trying to contact the seller to get the papers but have been unable to, and pass on the contact details you have. 

Ignoring the situation doesn't make it go away. If she pursues it further then contact a lawyer.


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## Saddlebag (Jan 17, 2011)

No lawyer at this time as it may not be necessary. If someone were to attempt to claim the horse you are allowed to claim fair and reasonable espenses. I don't think anyone will want to pay that. I just submitted this as a new thread. Direct your correpondance to the registry. Keep it brief. Tell them only that you have not as yet received the reg. paper as promised and what can you do. They don't need the whole story. Wait until you hear from them before you decide your next move. Please let us know what you learn.
If an animal is sold as purebred, as registered,
or as eligible to be registered, the seller is obliged to
provide a duly transferred certificate of registration
to the buyer within 6 months of sale.


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