# Can They Take Him?



## rissaxbmth (Feb 2, 2010)

This is what happened to my horse because of greedy barn owners. That is what a stall looks like in this barn. I have made arrangements for him to move because I found out I was being lied to. I was shocked to see my horse lose so much weight. 
They said they will NOT let me take my horse unless I pay them $60 + $240 because I'm leaving less than 30 days of the notice. Is the boarding agreement broken because they didn't hold up their end of the deal by not taking care of him as described in the agreement? Can I just load him up and leave?


----------



## demonwolfmoon (Oct 31, 2011)

you can TAKE your horse either way. Go with a sheriff if you are afraid there will be problems, or pick him up when they arent home. If you have a boarding contract and can prove they failed to uphold it, you may not owe them ****. Either way take your horse and either pay up or wait for them to sue.


----------



## rissaxbmth (Feb 2, 2010)

I have so much proof. I have messages from them saying he gets fed twice a day and turns out he isn't getting fed at all. I just found this out the other day and as soon as I learned about it I made arrangements to move him. I'm afraid they will either hold my horse or tack because of a "right of lien". I will contact the police tomorrow and see if they will go with me to get my tack and horse.


----------



## Dreamcatcher Arabians (Nov 14, 2010)

rissaxbmth said:


> I have so much proof. I have messages from them saying he gets fed twice a day and turns out he isn't getting fed at all. I just found this out the other day and as soon as I learned about it I made arrangements to move him. I'm afraid they will either hold my horse or tack because of a "right of lien". I will contact the police tomorrow and see if they will go with me to get my tack and horse.


Go get your tack and take it home, take everything but a halter and lead. Then go back with a trailer and attempt to take your horse, with all paperwork in hand. Contract and either your cacelled check for this month's board or a receipt showing that you're paid in full, e-mails, before and after pics. If they don't want to let him go, call for a Keep The Peace or Civil Standby with your local police or sheriff. If you're current on your board and don't owe them anything, they cannot hold him, period. Once he's out, they can take you to small claims court, just keep all your documentation in a safe place. Most likely they won't bother. 

I wanted to add, make sure you take proof of ownership... a bill of sale, registration papers in your name, whatever you have that shows you are the owner.


----------



## rissaxbmth (Feb 2, 2010)

I do not have receipts I have always paid in cash and they never wrote a receipt. I owe them $75 in board and I am paying them Tuesday when I go to get my horse. 
I do have proof of ownership though.


----------



## JoesMom (Jun 19, 2012)

For future reference, always get a receipt for payment of a bill especially when paying with cash. Paying with a check is better than cash because you can always show that it cleared the bank.

People have really bad memories when it comes to bills that are paid to them in cash. All they have to do is pocket it and not make a note of it. Checks have to be dealt with therefore causing a better memory of it though not much better. That only helps if they are honest.

Good Luck and be safe.


----------



## BigNickMontana (Aug 5, 2013)

Id be taking an ASPCA officer up there with you. That will get things done.


----------



## HowClever (Feb 16, 2010)

Can I ask how long it has been since you have seen him? He didn't get in to that state overnight.

If you have a copy of a contract signed by both parties stating everything that was supposed to be included in your board then you can prove they broke the contract first and you owe them nothing. If you don't have a copy of the contract then the waters are a bit muddier.


----------



## waresbear (Jun 18, 2011)

How long was it since you checked that horse? Oh my, he has been neglected!! Was this a self board type place and no one showed up to feed this poor animal or clean his stall? Whatever the case, please stop this horse's suffering!
_Posted via Mobile Device_


----------



## alexischristina (Jun 30, 2009)

Get him out yesterday. I'm surprised you let him become so far gone before deciding to remove him from the situation, have you not been able to get to the barn?

Bring a truck and trailer, friends or police if you have to. Have someone grab all of your tack while you're loading your horse, get in the truck and drive away. Have your proof of ownership in hand, pay them what you owe them and get out. IMO if a horse has been neglected there's a breach of contract right there and you no longer owe the barn 30 days' notice. If they can't keep up their end of the deal, you don't have to keep yours. Pay the last of your board in check and don't look back.


----------



## rissaxbmth (Feb 2, 2010)

I see him all the time and I could NOT understand why he was losing so much. I asked numerous times about his feeding and I was told he got fed twice daily hay and grain. Well I just found out about their "system" I was being lied to. I have honestly been so upset about it but I didn't know what could have caused his weight loss.
_Posted via Mobile Device_


----------



## wyominggrandma (Nov 4, 2009)

um, did you ever think of calling a vet out when he started to look bad? 
I am sorry this is happening, but even if you were lied to about his feeding and stall cleaning, if you saw him all the time, YOU are being neglectful to your horse watching him get into this condition and doing nothing but asking questions.
Any other horses in this condition? Have you talked to their owners?
If it is just yours that is this skinny, then there might be medical issue going on, if all horses are this skinny then the owners of the barn should be hauled to jail for neglecting animals in their care.
What did they feed him if anything? How often did they clean stalls?


----------



## rissaxbmth (Feb 2, 2010)

Yes I have an appointment with a vet next week. There are horses that are thin there but I was Told they are "hard keepers"
I'm the only boarder that's really there a lot I dot really know the others or see them. 
They were supposed to feed a sweet feed mix with a calorie booster and Timothy hay. Which he never got either often. I've only seen them clean the stalls maybe 5-6 times in 3 months which my horse doesn't stay inside anymore.
_Posted via Mobile Device_


----------



## beau159 (Oct 4, 2010)

rissaxbmth said:


> *I do not have receipts I have always paid in cash and they never wrote a receipt.* I owe them $75 in board and I am paying them Tuesday when I go to get my horse.
> I do have proof of ownership though.


This might end badly for you then. If they decide to sue, you have zero proof you've been paying board, and you may end up paying every penny they sue for. 

At least if you pay with a check, you can still show the check was cashed, but a receipt is always best. Live and learn.

Good luck getting your horse.


----------



## Samstead (Dec 13, 2011)

so you called a vet in, but you still should have got your horse out sooner, as in BEFORE he got so ribby, wouldn't you sense something was up? 
couldn't you tell?
couldn't the VET ?
and why did YOU clean his stall? 
certainly you'd have noticed how bad it was getting, it didn't get to that point in a few days. I'm not trying to accuse you, I'm asking questions to get to the bottom of this.


----------



## Muppetgirl (Sep 16, 2012)

As soon as my horse started looking lean I asked the BO to up the hay, as soon as I realized the BO was a cheap *** with the hay I started supplementing my horse with hay cubes and a high fat feed then I hauled his *** out of there....I'm sorry this has happened to your horse but if you were there as often as you claim you should have been taking action sooner, a horse doesn't get that thin over night. As for the dirty stall, that would be the least of my worries.

Again, I'm sorry your horse has ended up this way.


----------



## jaydee (May 10, 2012)

I'm not going to bash you because you are where you are now and looking to how you could have handled it better isn't going to help at all
I would imagine you're already feeling bad enough and don't need anyone to tell you made mistakes because you're well aware you did
Get your horse away ASAP. Take as many photographs as you can as evidence in case you need them
Have either someone from Animal welfare, the ASPCA or the police to go with you if they refuse to allow you to take him
Either way they should be reported to whoever in your area is responsible for this sort of thing for running a place in such a bad way and either closed down or made to improve things
If they want to pursue you in the courts then that's there right and you have to accept that you might have to pay them something but at least your horse will be away from there and on the road to recovery
Good luck in getting things sorted and your horse back to good health again


----------



## Muppetgirl (Sep 16, 2012)

Hang on, I just read one of your old threads, it says that you and your mom noticed this horse losing weight back in April. Sorry but I don't think this is all the fault of your BO. 
http://www.horseforum.com/horse-health/rapid-weight-loss-181001/

Just to add, how come the vet didn't comment or make recommendations back in mid-July?


----------



## natisha (Jan 11, 2011)

They are in breach of contract by not feeding your horse.
I agree, get him moved now. Go with friends & take him, they can't stop you. I wouldn't pay them a penny. 
Tell them to take you to court. Take dated pictures now & once a week after he is moved. That will show the weight loss was from lack of food, so if they take you to court, which I doubt they will, you'll have proof on hand that they starved him.


----------



## Muppetgirl (Sep 16, 2012)

Forgot to add, mid July you had a vet there, 3 weeks ago. I'm shocked he didn't say anything:?

http://www.horseforum.com/horse-health/swelling-fetlock-234801/


----------



## natisha (Jan 11, 2011)

Muppetgirl said:


> Forgot to add, mid July you had a vet there, 3 weeks ago. I'm shocked he didn't say anything:?
> 
> http://www.horseforum.com/horse-health/swelling-fetlock-234801/


This is really sounding like...I don't know but it's not right. No way anyone was or should have been riding him 3 weeks ago. This weight loss didn't happen that fast.


----------



## SlideStop (Dec 28, 2011)

When you go to pick him up and the give you a hard time have the $300 ready to go. Give it to them and just get the hell out. Worst case take them to small claims court and get your money back (assuming you have a written contract and a statement from your vet saying the horse has no digestive issues).
_Posted via Mobile Device_


----------



## rissaxbmth (Feb 2, 2010)

He is leaving tomorrow so thanks.


----------



## Muppetgirl (Sep 16, 2012)

rissaxbmth said:


> The whole purpose of taking him to this barn though was so he can get the weight back through better pasture on top of hay and feed. Like I said the vet came out and gave him an okay.
> Obviously just grass isn't enough just like hay and feed alone wouldn't be enough.
> _Posted via Mobile Device_


You're not making sense, so you're saying the horse was underweight BEFORE he went to this barn. Then how is that the BOs fault? And the vet gave this horse the ok 3 weeks ago in this condition? Weight loss like that doesnt warrant riding and doesn't happen in three weeks. So how long has the horse been at this barn?


----------



## rissaxbmth (Feb 2, 2010)

I have it resolved and I don't have to explain anything really. I know what has happened and talking to animal control I have a strong case
_Posted via Mobile Device_


----------



## Muppetgirl (Sep 16, 2012)

rissaxbmth said:


> I have it resolved and I don't have to explain anything really. I know what has happened and talking to animal control I have a strong case
> _Posted via Mobile Device_


But you see this horse everyday, how do you not have any responsibility in this?


----------



## waresbear (Jun 18, 2011)

Glad you are moving, that horse is suffering! Now get a different vet, because anyone who said this horse was okay 3 weeks ago doesn't know their butt from a hole in the ground! This horse needs some serious attention and good quality forage in front of him at all times. Please do not ride this horse, he is in distress!
_Posted via Mobile Device_


----------



## rissaxbmth (Feb 2, 2010)

This horse has been in my care for 3 years and I have never had a problem with this weight until his diet became off balance. I am completely serious with everything that I am saying but I do have it resolved. I edited my post because I am under enough stress and I don't need everything else piled on me. People read too much into things when in reality as an owner I feel like I'm trying to do my best. Under the guidance of my instructor and others who I am close with I am trying to create a better enviornment for him.
_Posted via Mobile Device_


----------



## TessaMay (Jul 26, 2013)

This whole thing sounds really sketchy to me. Yes, it is the BO's responsibility to feed and care for the horse according to the contract, but it is your responsibility as the horses owner to make sure that they are in fact being cared for. If you have been seeing this horse regularly and you are only now taking action, then the neglect is your fault. 

Honestly I was on your side, having only read this thread, until I started seeing the replies you gave to people who asked questions in order to determine how this happened so that they could help you. You either got defensive or ignored the questions completely. That doesn't strike me as someone who hasn't done anything wrong.



rissaxbmth said:


> I have it resolved and I don't have to explain anything really. I know what has happened and talking to animal control I have a strong case
> _Posted via Mobile Device_


You're right, you don't need to explain anything, but if it were me and I was in fact not at fault, I would WANT to explain. Even if that explanations was, "I made a mistake." it would be far better then defensiveness that will make many people decide you are in fact the neglector in this case.


----------



## rissaxbmth (Feb 2, 2010)

All I want to do is make things better honestly. I am not the perfect owner and I am sure no one is. If I wanted to be negligent I wouldn't be writing this post. I am sure there are many mistakes made by both parts.


----------



## MsBHavin (Nov 29, 2010)

I would have said something a long time before you did. That horse is horribly skinny, riding him would have been the last thought on my mind had my horse lost that much weight. Get a new vet since your current one thinks it's a grand idea to ride him as he looks currently


----------



## wyominggrandma (Nov 4, 2009)

Sorry, I work for a vet and have for years. If the vet I worked for went out and saw the condition of this horse and okayed it for riding and not noting any issues, then this "vet" should lose his/her license. 
I know you feel your did your best, but this horse did not get in this condition in a week or two. This is a month or two long process, so something is odd here.
I think there might be two sides to this story and we are only hearing the OP side. Would love to hear from the barn owner.


----------



## Allison Finch (Oct 21, 2009)

The OP has made plans to move and has gotten some answers she was looking for. I don't see anything more that can be learned from this thread. I hope people here have learned that questions for the barn owner do NOT resolve concerns. *Only action does*. Please, learn from this thread that you don't wait to correct an obvious problem.

With this, the thread will be closed. It may, or may not reopen once the team decides one way or another.


----------

