Legal issue
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Skipitgirl
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Legal issue
a friend has been keeping her coming 2 yr old filly here at my fathers house since the filly was orphaned at 6 weeks. No boarding contract was ever signed and the agreement was feed cost only or $100 per month. Over the last 20 months he has recieved $400 total (one payment of $200 and 2 payments of $100 all cash) the owner has maybe spent 5 hours with her and she has no training and has never had her feet done (filly is a kicker and my farried wont do her). Ive kept her wormed and UTD on shots. I feel this filly has been abandoned and I would like her to find a new home where she will be cared for properly and trained. My father is going to confront her with the need to sign her over or move her to another barn but I dont see her paying board at a regular boarding barn. Does he need to go to court or would it be hard to prove ownership on her part? Horse is grade and is not registered in any way and has been living here since being foaled. Any thoughts?
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ratherrapid
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recommend going to your state government's website and looking up the statutes concerning abandonment, what constitutes abandonment, and how to get title after abandonment or adverse possession. anything term you fail to understand, you can google.
suspect u would have to go to court and have a judge declare you the legal owner. thereafter you take the judgment to the Jockey Club for a foal certificate. they will charge you.
you can handle the legal proceeding yourself. serve the owner with it by legal process--simple to do--doubtful owner will show in court and you'd probably win case by default.
just file a simple petition stating out the facts, and what you request. serve the petition, and go to court. but, read the statutes first. i am a little distressed this horse has yet to be trimmed.
suspect u would have to go to court and have a judge declare you the legal owner. thereafter you take the judgment to the Jockey Club for a foal certificate. they will charge you.
you can handle the legal proceeding yourself. serve the owner with it by legal process--simple to do--doubtful owner will show in court and you'd probably win case by default.
just file a simple petition stating out the facts, and what you request. serve the petition, and go to court. but, read the statutes first. i am a little distressed this horse has yet to be trimmed.
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skywatcher
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check if their is a livestock lein act in your state. Your local brand inspector will know.
Up here, the law says if board isn't paid, I have to file a lien on the horse for the amount owed. I serve the owner with a copy and send a copy to the local brand inspector. They owner has 14 days to pay up or the horse goes to a public sale. Proceeds go to clear up what is owed...anything over that amount goes to the owner.
Up here, the law says if board isn't paid, I have to file a lien on the horse for the amount owed. I serve the owner with a copy and send a copy to the local brand inspector. They owner has 14 days to pay up or the horse goes to a public sale. Proceeds go to clear up what is owed...anything over that amount goes to the owner.
Information
This is a helpful web site. Updated in 2003. You would need to check your state for any changes but often these laws stay the same for several years. Always consult a local attorney before you act.
http://asci.uvm.edu/equine/law/lien/lien.htm
http://asci.uvm.edu/equine/law/lien/lien.htm
Give the Pope and the King of England a horse and in thirty days, they'll be stealing halters.
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Skipitgirl
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ratherrapid- believe it or not her feet are in excellent shape. She is on free turnout and does wear naturally. She is a draft horse filly and is very big and heavy. Im not about to get hurt for a horse that isnt even mine. I could have the vet out to tranq her but more money out of my/my dads pocket.
She is not worth anything monetarily in this economy but my dad is willing to eat what is owed to find her a good home. He is going to check into the legal part but is going to just ask her to sign the filly over outright. Maybe she will who knows.
She is not worth anything monetarily in this economy but my dad is willing to eat what is owed to find her a good home. He is going to check into the legal part but is going to just ask her to sign the filly over outright. Maybe she will who knows.
Id just find her a new home and be done with it. Whats she going to do, sue you? She probably wont even realize she's gone. Does she have any proof that she even owns the horse? Do everyone a favor, and find her a new home.
Agree...
I recommend getting rid of the friend and keeping the horse!
I would still get rid of the horse..
"Politicians should be limited to two terms, one in office and another in jail." Anonymous
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pfrsue
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If the "owner" will just sign her over to your dad, that would be the best option. If she won't though, as tempting as it might be to just get rid of the horse, I'd still go through the legal process. It's just not worth the aggravation if it comes to litigation over so-called horse theft or something down the line, and it seems like this person is already clearly lacking in integrity if not rationality. Just my two cents.