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Some Legal Advice

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Last activity 2018-04-03 2:45 PM
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EquineDirector
Reg. Apr 2018
Posted 2018-04-02 2:49 PM
Subject: Some Legal Advice


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I recently was asked to take over an existing club, leaving names off. Normally would have happened on Jan 1, of a new year. For reasons I do not know, and would not post anyway, instead it happened at the end of February. My question is financial. We have proof of at least $4K in funds from Sponsors to the club. In addition to a few bills, and fees that should have been paid to National and State sanctioning organizations and Products that have not been paid. I have received less than 10% of that from the previous person.
Does anyone know what legal options I have? It has been over a month. We have Constant "reasons" that communications have been unanswered or ignored. Person has not confirmed or denied receiving the funds (I do have copies of checks from sponsors).

If anyone reads this and recognizes the situation, please do not use any names or locations. I have recently had some combative/aggressive messages and am losing hope. We have no where enough funds to purchase the insurance, pay required fees etc... I am very hesitant to ask for NEW Sponsors because the general Big Sponsors have already paid. Of course I will honor responsibilities to those Sponsors, but I am stuck as far as actual working cash is involved.

Please feel free to message me on this.
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RunNitroRun
Reg. Oct 2011
Posted 2018-04-02 3:03 PM
Subject: RE: Some Legal Advice



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If the previous club treasurer (host or whatever) has not responded to inquiries then send them a registered letter stating that if they do not reply detailing where the funds are (paid for events, cheques not received etc.) by XYZ date that you will have no choice but to turn it over to the local authorities for investigation of fraud and theft. If the individual/individuals is just annoyed that they are no longer in charge and are just railroading your progress this will get them moving on replying. If they have taken the funds and used it for personal gain then they can either find a loan, borrow the money or deal with the local police.

This unfortunately happens often in small and even large clubs. Before you go asking for funds or posting anything on any social media site send the letter give them a date and then head to the local police if they don't reply. If they money was used for personal gain by previous individuals then the authorities will deal with it and you'll have to get creative in fundraising ideas to make up for the loss.

I'd reach out to the companies that have outstanding funds owed to them and let them know you've now taken it over and are waiting on information from the previous individual. Assure them that you will get them paid as soon as you can.

I hope its just a case of someone being a pain instead of the money is gone. I'll keep my fingers crossed.

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EquineDirector
Reg. Apr 2018
Posted 2018-04-02 3:47 PM
Subject: RE: Some Legal Advice


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Thank you so much. This has also crossed State Lines. And more than 1 check was returned for Insufficient funds. I have someone helping me draft the letter right now.
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Whiteboy
Reg. Jul 2012
Posted 2018-04-02 4:45 PM
Subject: RE: Some Legal Advice


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Some things I'd take from BHW forums include, but are not limited to the following:
Farrier Advise, saddle pad advise, feed advise, training advise, etc.

Specific types of advise not to take from BHW forums (ever):
Marriage Advise & Legal Advise.
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EquineDirector
Reg. Apr 2018
Posted 2018-04-02 7:39 PM
Subject: RE: Some Legal Advice


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Whiteboy - 2018-04-02 4:45 PM

Some things I'd take from BHW forums include, but are not limited to the following:
Farrier Advise, saddle pad advise, feed advise, training advise, etc.

Specific types of advise not to take from BHW forums (ever):
Marriage Advise & Legal Advise.

Although I appreciate the sentiment, I got very good information on where to start. I would be willing to bet that this is not the first situation of its kind. Like EVERYTHING on this site every post, even yours, is just an opinion.
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rodeomom3
Reg. Dec 2007
Posted 2018-04-02 7:55 PM
Subject: RE: Some Legal Advice



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 Hire an independent firm to audit the books and go from there.   Present the findings to local law enforcement if irregularities are found.  
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gotothewhip
Reg. Oct 2003
Posted 2018-04-02 10:14 PM
Subject: RE: Some Legal Advice



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Went thru this as the whistle blower about 10 years ago

get all bank statements and all recorded financials in order first- access what you can

next step is to request an audit. 
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EquineDirector
Reg. Apr 2018
Posted 2018-04-02 10:49 PM
Subject: RE: Some Legal Advice


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gotothewhip - 2018-04-02 10:14 PM

Went thru this as the whistle blower about 10 years ago

get all bank statements and all recorded financials in order first- access what you can

next step is to request an audit. 

Another excellent idea! Thanks.
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Whiteboy
Reg. Jul 2012
Posted 2018-04-03 9:03 AM
Subject: RE: Some Legal Advice


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An audit could easily cost you $10,000.  How much money is missing??
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EquineDirector
Reg. Apr 2018
Posted 2018-04-03 10:21 AM
Subject: RE: Some Legal Advice


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Whiteboy - 2018-04-03 9:03 AM

An audit could easily cost you $10,000.  How much money is missing??

Provable so far $6K. However, there are no books. It appears she added her name to the check faces and deposited them into her own account. Some of the Check writers have contacted their banks but by the time we were aware, the deadline for challenge has passed. Some are taking action.
Also, some paid cash but are willing to sign affidavits.

Edited by EquineDirector 2018-04-03 10:23 AM
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IRunOnFaith
Reg. Dec 2009
Posted 2018-04-03 11:14 AM
Subject: RE: Some Legal Advice



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I think it's time to hire an attorney... Hugs to you as you sort this out.  
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horsesinharleton
Reg. Sep 2009
Posted 2018-04-03 2:45 PM
Subject: RE: Some Legal Advice


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Location: East Texas
Have you contacted the District Attorney's office of the county where the association is based? It is a criminal matter and not a civil matter. It is hard to prove these kinds of cases because, depending on where you live, it is a small amount of money (I know, not to you!), and sometimes the DA's office won't have the man-power or it won't be on the top of their list of things to investigate. I would report it, anyhow.

Good luck!
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