# 30 days notice, court, etc. Opinions?



## spookychick13

Ok, so I'm curious as to what to expect, I will try to make a long story short.

I have had issues on and off with my boarding stable for a while now, but recently they fired their barn manager and hired another one. With those changes came some things I wasn't happy about. They cut way back on shavings, changed all the grain to rolled oats and raised the board to 345/month. Fine whatever...

Now a while back Brandon had an impaction colic, and the vet recommended he have two water buckets instead of one. While I was gone to Florida for work training, the new barn manager took my second bucket out of Brandon's stall and put it by my tack. When I asked the owner why (via text) she responded with:
"They just freeze. U can put it up he doesn't drink much. we will not water 2 buckets."

Every night when I went out there, even around 6, at least one and one half of the buckets were gone. Regardless, I feel that they should have at least TOLD me they were doing it, rather than being cowardly and doing it while I was in Florida.

Prior to leaving on my business trip I had to cancel a lesson with my trainer because part of the roof of the indoor blew off. 
The entire barn is losing insulation (some of it falling into the feed bins) and is covered with black mold. 
The holes in the ceiling of both the barn and the indoor have so many holes in them, there are piles of snow everywhere.
They leave the hay outside, stacked in wagons to get covered by snow...then they thaw and mold. 
Brandon has bleeding hock sores from lack of bedding, I asked for more but they were not thrilled about it.

I pay my board from the 15th to the 15th of every month, it just happened that way.

On Dec 15th I gave them my 30 day notice (super polite) and last month of board. That night the barn owner called me. She was extremely unprofessional, told me another boarder had already told her I was leaving, told her I wanted to come back in the summer, but I was not welcome back. She was snarky and upset. I maintained composure. When I hung up I called the new place to see if I could come early, as I was pretty sure the minimally ****ty care he was getting was about to get worse. They were fine with me moving early. Called my friend with a trailer and met her at the barn.
Brandon had 0 water and no food (he's not usually done with his hay that early because of the hay net). We moved and I cancelled my last board check.

Now the owners are taking me to court.

I am curious as to what will happen with this, as the contract is poorly worded and sketchy, and I feel that Brandon's health was in danger staying there any longer. 

Also, the barn owner swore she did a barn check every night and filled buckets, etc. She didn't even realize Brandon was gone until the next morning.

Here is a copy of the contract as well. My board has gone up a few times without us signing new contracts. 
So will I have to pony up or ?

I am getting the vet to send me records of the colic incident and double bucket recommendation.


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## franknbeans

I cannot read it . It is too small. Sorry, but it looks like it is not signed? Looks very brief, that is about all I can say.


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## HorseMom1025

Go to court. Take any evidence you have (do you have pictures, copies of the texts?). If the BO failed to meet any of their obligations in the contract, if you can prove that you felt they broke the contract first and you felt your horse was in danger, you have a chance.

Be sure to write out a FACTUAL statement/timeline. Do not get emotional, stick to straight facts.

10/1 - horse treated for colic
10/2 - 2nd water bucket recommended by vet
10/3 - Barn owner informed of 2nd bucket requirement
11/2 - New BM starts at barn
11/15 - 2nd bucket removed from stall, reminded BO and BM of vet recommendation. Told that they would not accommodate second bucket

Etc... Pictures of substandard care (mouldy hay, poor shavings, sores on horse, insulation falling) will help your case as well.

Good luck!
_Posted via Mobile Device_


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## spookychick13

I forgot to add, that she said when people leave they aren't welcome back, ever. Which is a lie, since a few people have left and come back.
It made me feel unwelcome.


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## franknbeans

So what? Would you WANT to go back? Honestly, I would not worry about that.


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## spookychick13

No no, I so do not want to come back, I meant, even after I gave the notice, I felt unwelcome...since she was so nasty.


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## Roperchick

Oh man. All I can say is make sure you have all your papers straight, try and stay professional and good luck!


(So glad I have my own property for my guys)


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## Dreamcatcher Arabians

Have you been served or has the BO just said they're going to take you to court? If you haven't even been served, I'd gather up as much evidence as possible and then make a file where you can get to it if you actually do get served. Then I'd forget about it until/unless it actually happens.


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## spookychick13

It's happening, it's listed on the county court system...I just haven't gotten papers yet.


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## Saskia

It really depends on what evidence you have. Do you have evidence that you notified that them that your horse needed two buckets prior to them removing them? If it is a service only offered to you horse then I guess they can refuse to do it. I don't think that alone is enough to refund your board. They could argue that if a horse needed daily injections for a medical condition they wouldn't be required to do it, and the extra bucket is another medical requirement. 

Do you have evidence that they stopped feeding your horse?

That's what it's going to come down to, what evidence you have that they acted outside their agreement, which is probably providing all reasonable care which, besides not feeding on that last day, they probably did. 

Do you have evidence that you tried to solve this problem in a reasonable manner?

You signed a contract that you broke and they can show that - so it's up to you to show that they broke the contract first. If you don't have much evidence then I wouldn't spend the time and money going to court.


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## bkylem

Prepare your documents and have them extremely organized and easy to present. Be professional and strive to be objective and not subjective in your statements. No " I think" or "I feel" language. Try to keep your emotions at bay if possible. 
If there is a quiet lull in the proceedings, do not feel compelled to talk and fill in the void. Quiet in the court room typically means the judge is thinking, so don't make the mistake of interrupting the silence. Be confident, but be polite. Keep your words to a minimum. Relax. Arrive early. Dress well. Remember that your documents are the key and not "he said, she said. Relax. Treat your nemesis cordially as it will show that it is purely a professional matter and not a vindictive one.

Be prepared, be polite, be professional and do not interrupt. Less is indeed sometimes more. You'll do great !

My very best to you


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## Saddlebag

If you paid by cheque, have all your cancelled cheques. If you don't have them the bank should have a record. Even if you name is on the court docket it could be months. This is small claims. I've learned from experience - dress well to show your respect, it does matter.


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## spookychick13

I do have evidence, pictures, etc. I suppose we'll see.
I also forgot to mention I am a licensed vet tech. In addition I have a very good friend who is a lawyer, who will help me out.

I suppose I can at least try and see what happens.


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## Saddlebag

You should have received 30 days written notice of a fee increase. Make a note of when the increases occurred and that there was never written notice. I'm pretty sure it will work out in your favor.


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## spookychick13

There were two since I moved there, so that's good.


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## Saddlebag

Also, when you moved there, there had been a certain expectation of care (bedding, watering, feed, etc.) With new management, changes were made without prior notice and that the level of care has been considerably reduced yet the rates increased. (this is something the judge will understand).


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## zookeeper1991

At least you got your horse safely out of there! Good luck with the court situation.


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## spookychick13

Honestly, win or lose, you're right, getting him out of there was the best thing I could do. I feel like a huge weight was lifted off of my shoulders, not having to worry.
The new facility is amazing, the people are wonderful, the hay is gorgeous. He already lost his hay belly! My farrier barely recognized him when I had him trimmed. 
I think the moldy junky hay was causing the hay belly I couldn't get rid of.

Here is the new place: THUNDER BIT STABLE | Best Milwaukee Horse Boarding


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## Dreamcatcher Arabians

Take now pics, I'm sure you have pics of him with the hay belly. That will show an increase in the quality of care.


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## stevenson

What date did you move ? what is the comment moved Nov 19 2011 ? 
If you had your horse there through Dec and Moved in Jan you should not have cancelled the check that paid Dec 15 to Jan 15. Or is the check you cancelled have paid board from Jan to Feb ?

The contract states the horse will be fed hay and grain with no specifications to type of hay or grain or amounts. Good luck.


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## DancingArabian

Get a letter from your vet about the need for more water. 

The "best care possible" bit against your explanation of what happened with the water and the vet's letter should help you. Also, paying from the 15th to the 15th is against the board contract so be prepared to explain that.
_Posted via Mobile Device_


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## spookychick13

stevenson said:


> What date did you move ? what is the comment moved Nov 19 2011 ?
> If you had your horse there through Dec and Moved in Jan you should not have cancelled the check that paid Dec 15 to Jan 15. Or is the check you cancelled have paid board from Jan to Feb ?
> 
> The contract states the horse will be fed hay and grain with no specifications to type of hay or grain or amounts. Good luck.


I moved December 15th, I was paid up from November 15th to December 15th. 
I gave her notice, got her nasty phone call, and moved him all on December 15th, so they provided 0 care for the check from December to Jan 15th that I canceled.

I too think the 'best care possible' might be in my favor for court.
I suppose we'll see.


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## spookychick13

Here is the letter from the vet:

*Me*

I received your email from this morning and would be happy to respond as Dr. *Blank*is out of the office for the next few weeks. 

The best way to combat colic is to keep your horse sufficiently hydrated, offering access to plenty of water for them to drink. In many instances a second bucket of water hung in the stall will allow them a backup supply if the first is finished before the horse is watered again. The key is having more water than they will be able to drink as the last thing you want is a thirsty horse without any water. Ensuring plenty of water will decrease the likelihood of colic due to impaction.

Let me know if there is anything else I can help,

*Vet's name*


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## DancingArabian

Great!

Now make a list of all the various issues you had (shavings, hay storage etc) and find articles from reputable sources that describe the correct way to do things. A judge is not likely to be a horsey person so you want to prove that the "best care possible" was nowhere close to what you were getting.
_Posted via Mobile Device_


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## amp23

Firstly, I'll say I've been in a similar situation as you and it is SUCH as relief to get out of a barn like that. I'm glad your boy has the care he needs now!

Secondly, good luck in court! I couldn't imagine having to deal with all that mess. Lucky for me, when I got out of my situation I was 100% working off board and there was no contract- my horse and three others were all moved together.

Keep us updated on what happens!


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## spookychick13

Still no summons, which is making me nervous. 
The court date is Feb 3rd.


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## FGRanch

spookychick13 said:


> Still no summons, which is making me nervous.
> The court date is Feb 3rd.


Maybe she realized she is fighting a loosing battle and has cancelled it just hasn't been removed from the docket yet?


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## 2BigReds

FGRanch said:


> Maybe she realized she is fighting a loosing battle and has cancelled it just hasn't been removed from the docket yet?


This could very well be it, especially if she got solid legal advice from someone. It sounds like she would really be shooting herself in the foot by trying to take you to court and that it's just a last ditch effort to get some more money out of you. Sorry this is going on, but I'm glad you guys are out of there!!!


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## spookychick13

Process server left his card on my doorstep while I was at work. 
Oh well!


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## FGRanch

spookychick13 said:


> Process server left his card on my doorstep while I was at work.
> Oh well!


It will be ok, it sounds like you have a solid case against her.


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## spookychick13

Weirdly, the old barn owner's friend was talking to me on FB last night, I asked how her birthday was and she tried scolding me about canceling my check.
She also told me my 'reputation was going to suffer' because of this.

These women are in their 60's and behaving like this. Sad.


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## Dreamcatcher Arabians

spookychick13 said:


> Weirdly, the old barn owner's friend was talking to me on FB last night, I asked how her birthday was and she tried scolding me about canceling my check.
> She also told me my 'reputation was going to suffer' because of this.
> 
> These women are in their 60's and behaving like this. Sad.


:twisted:Tell her to repeat her threats to your lawyer and that you can add her as a defendant in your law suit against the barn owner if she slanders you. :twisted:


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## Glenknock

spookychick13 said:


> Weirdly, the old barn owner's friend was talking to me on FB last night, I asked how her birthday was and she tried scolding me about canceling my check.
> She also told me my 'reputation was going to suffer' because of this.
> 
> These women are in their 60's and behaving like this. Sad.


I would print off a copy of this threat and also put this on file :evil:

Good Luck and keep us posted although i dont think you'll need it x


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## spookychick13

Here is my response to her summons:

In the weeks preceding December 15, 2013 the plaintiff failed to properly care for my horse, thereby nullifying plaintiff's written contract which promised "...the best possible care for your horse." During these said weeks many requests to provide proper care went unheeded by the plaintiff, so a termination notice and check were delivered to plaintiff on December 15, 2013. I wanted to part company in a friendly way,but about one hour after delivering this notice plaintiff phoned me saying that I was "not welcome" at this stable thereby denying me access to my horse during the following month and by implication threatening the welfare of my horse for this final month of his residence at plaintiff's stable. This was the last straw. I believe, by her conduct in denying me access, the plaintiff was forcing me out; terminating the contract's requirement to give notice, pay, or stay another 30 days. I removed my horse and stopped payment on my check on this same day (12/15/2013). By constructively evicting me the plaintiff incurred no room and board costs for my horse for the following month and therefore suffered no loss for the amount claimed in this law suit. I believe I owe plaintiff only for costs incurred before 12/15/2013, which I will pay, and request that the court dismiss this case with prejudice and assign court and other related costs including attorney's fees, if any, to the plaintiff.


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## stevenson

good luck. She should just let it be, since she was not out any feed for the following month, 
You may want to be more specific in the time line.


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## spookychick13

We'll get into specifics in court. Unless she drops it. I believe she got a new boarder 2 weeks after I left.


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## princessfluffybritches

Don't forget to sign up some witnesses, or have them write back as a witness. When someone has nice truthful witnesses, it makes you look even better.


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## aspin231

Any update on this?


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## spookychick13

Nothing yet, we have a court date now for March 25th, though I believe the plaintiff is supposed to set up a mediation date...and she hasn't yet. So we'll see. I will definitely keep everyone appraised.

In happier news, my horse is thriving at the new facility. He has a great herd and free choice water/hay. Happy times.


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## stevenson

if possible print the FB comments


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## spookychick13

Will do.  And the texts. Too bad I don't have a recording of the phone call.


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## spookychick13

Some photos of 'clean' stalls, black mold, etc.


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## Saddlebag

Should this go to mediation and is not resolved, let her know it is your intention to ask for court costs if the judge rules in your favor.


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## spookychick13

Still no word on the mediation, I was under the assumption it was mandatory, but I wonder if it's the plaintiff's choice?


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## spookychick13

Court Tuesday, wish me luck


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## wakiya

Luck!!!


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## Dreamcatcher Arabians

Jingles!


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## Mulefeather

Good luck! Subbing to this


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## Mulefeather

How did this turn out, or did it?


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## Ashkat128

Subbing- hopefully it went well!
_Posted via Mobile Device_


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## stevenson

?? what was the outcome ?


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## Teryscott

I own/operate a equine facility for over 20 years now. Its amazing how personal, people take things. The ranch owner was VERY unprofessional. Over the years I've had people come and go, several a few different times. I've noticed at some of the facilities in my area on a couple occasions the ranch person got rather bitchie when someone gives notice. It's just business but people take it so personal. As for the court thing, that's touchy. If you have a signed contract the ranch will probably win. Most courts just don't want to put that much effort in to animal related cases. But word of mouth never fails and people will not stay at a place where it's run on a personal note. Good luck and I'm glad your horse is okay.


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## rydernation

If you are unhappy and you think that your attempts at negotiation will be met with either, ignorance of a problem, or doing something to your pet to spite you, I'd give my 30 days notice and move on. 

People can be horrid to the animals under their care. Don't worry about losing your boarding spot unless there is no other place at a comparable price you can go.


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## Red Gate Farm

Wondering what the outcome was?


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## RhondaLynn

subbing for outcome

Rhonda


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## spookychick13

We lost.
Long story short: they didn't schedule a mediation, and the judge wanted to reschedule everything. No one wanted that so we agreed to deal with it in court instead of making us all miss another day of work.

She lied, said she still didn't fill my stall she filled it the next day), lied about the water buckets, hock sores, everything.
Judge dismissed the letter from the vet because the vet wasn't there to cross examine.
The condemning evidence was my polite 30 days notice.
The judge thought if I was so unhappy there I should have written a scalding notice. He knew nothing about horses (which is fine) and asked if my horse was still alive, and if so, there was adequate care. He also said he felt like he was mediating between two 'bickering women.' 

At least we tried. There was nothing I could do about the lying. And the letter WAS too nice. Lesson learned.


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## stevenson

spooky.. so sorry to hear that. Be careful with the next contract you sign. Most stables require a 30 day notice .


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