# Legal Question



## iridehorses (Oct 22, 2007)

Welcome to the forum.

It's really sad that we hear this all the time when there are no written contracts. In any case, btw, I'm not an attorney so this is just an opinion, it is a civil matter and not a police matter. She can threaten all she wants but if your horse is on her property, she can not stop you from getting her.

I would call the local police and let them know that you are going to her property to retrieve your horse and tack and that she has threaten you not to do so. Unless she went to the courts and legally seized your horse, she can't just say that and expect someone to obey. Owing for back board needs to be proven and she simply can't do what she seems to be trying.

You may also have a case for negligence on her part for what happened to your other horse. You really need to speak to an attorney about that.


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## LetAGrlShowU (Mar 25, 2009)

iridehorses said:


> Welcome to the forum.
> 
> It's really sad that we hear this all the time when there are no written contracts. In any case, btw, I'm not an attorney so this is just an opinion, it is a civil matter and not a police matter. She can threaten all she wants but if your horse is on her property, she can not stop you from getting her.
> 
> ...


To add to this, get statements fromthe other boarders recalling dates and conversations about your horse being ill previous to her calling you. Make sure you have all your ducks in a row, but go get your horses.


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## zara (Oct 6, 2011)

I was told that they went to court and have legal documentation to siez the horses but Ihave not received anything.


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## iridehorses (Oct 22, 2007)

You would have to be notified. She would have to have shown evidence. don't rely on what you hear, go get your horses.


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## Red Gate Farm (Aug 28, 2011)

Since we don't know where you are located, there is no way we'd know what the particular laws are in your part of the country for this.

However, you _can_ go to the police and explain everything and ask them if you can go and get your horses. She may be bluffing and hoping you won't look into this yourself.

I you've already paid her, did you pay with a cheque or do you have any receipts of money already paid her? These will help establish you have paid her in good faith.

I don't understand about the Quarter Horses. Did you buy them from her on trial?


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## zara (Oct 6, 2011)

I am in Florida, just spoke to the sherriff's office and they said if I have not received any papers from the court they are still mine and I can go get them. They said if I had a problem to call and they would send a deputy.

As far as the QH's I bought them and she was going to stable them for free. Therefore we never did a stable agreement. When she changed her mind I signed an agreement (in Sept) now she is saying I owe her from June through Sept ($2200), prior to the signing of the stable agreement. I think she knows she neglected the horse that died and to limit my contact with other boarders about the situation she is trying to have me banned from the barn. I just want to take my horses and move them ASAP.


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## Red Gate Farm (Aug 28, 2011)

zara said:


> I am in Florida, just spoke to the sherriff's office and they said if I have not received any papers from the court they are still mine and I can go get them. They said if I had a problem to call and they would send a deputy.
> 
> As far as the QH's I bought them and she was going to stable them for free. Therefore we never did a stable agreement. When she changed her mind I signed an agreement (in Sept) now she is saying I owe her from June through Sept ($2200), prior to the signing of the stable agreement. I think she knows she neglected the horse that died and to limit my contact with other boarders about the situation she is trying to have me banned from the barn. I just want to take my horses and move them ASAP.


There you go! Go get them


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## Ray MacDonald (Dec 27, 2009)

Ouch, your having a rough time! I agree, get your horses out of there. You could also ask the police some questions about the law in Florida.

Verbal agreements can go either way depending on state. But it does seem that she hasn't actually seized your horses.

Good luck with everything


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## its lbs not miles (Sep 1, 2011)

I'd take the sheriff up on the Deputy assistance and got get the horses. At that point you'll have the law on your side, since she apparently hasn't gotten a court order. Unless she can show proof the deputy should easily enforce your rights as the owner.
If FL is like most states they would then have to take the money issue to small claims court. Unless there's an agreement about when you were suppose to start paying rent the burden of proof should be on them. Of course checking with lawyer who has a license to practice in FL would be the only way to know what the FL law would be on the money issue.


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## zara (Oct 6, 2011)

So I actually sat down with the sheriff's dept today and was told I cannot retrieve my horses. The law is similar to landlord/tenant, and all she has to say is I owe her money and she can seize my horses. Court paperwork is not required, unless I want to contest. This puts all burden of proof, court costs and legal fees on me .... the owner! The legal system in the US is screwed up, this woman doesn't even like horses and out of spite took my babies.

The sheriff's told me they had been called to her place numerous times .... yet considered it an 'excellent establishment' ... are they SERIOUS??? How can you have numerous calls on a reputable place?

I think I am going to sue her for negligence in the death of my QH mare since she laid in a stall for 2 1/2 days and she never called me or did anything to help her. I really don't know what else to do??


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## iridehorses (Oct 22, 2007)

That certainly makes no sense. I would see an attorney.


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## ilovemyPhillip (Apr 4, 2009)

Reading this thread I knew she could. Even if you haven't agreed to pay, then she makes you sign, she can take your poor horses.  I would call an attorney. Go to court. & try to get her shut down.
_Posted via Mobile Device_


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## proequine (Jul 9, 2009)

Most states have a automatic service lien. When you take your car for service, they keep your car/keys until you pay. Same with boarding, if you owe any back board, the facility can keep your horses, tack, trailor and sell them for repayment. Anything above $ owed must be returned to you, if less, the facility can then take you to court for the balance owed.


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