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Elite Veteran
Posts: 1034
 
| WrapN3MN - 2014-06-21 8:05 PM
This might be a dumb question, but if she wins and I owe her $xx does that mean she keeps the money and the horse, or will the horse be returned to me?
No one can say. That would be entirely up to the judge. As was suggested, bring at least one expert witness and some sort of evidence. But don't settle with her, she may be trying to scare you into some compensation. |
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  Ms. Manners
Posts: 1820
 
Location: Oklahoma | HorseMommyFiveO - 2014-06-21 10:12 PM WrapN3MN - 2014-06-21 8:05 PM This might be a dumb question, but if she wins and I owe her $xx does that mean she keeps the money and the horse, or will the horse be returned to me? No one can say. That would be entirely up to the judge. As was suggested, bring at least one expert witness and some sort of evidence. But don't settle with her, she may be trying to scare you into some compensation.
Legally, one cannot get the money they spent on an item back and keep the item. The purpose of small claims is to make a person whole again. |
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Elite Veteran
Posts: 1034
| Morab76 - 2014-06-21 10:19 PM
HorseMommyFiveO - 2014-06-21 10:12 PM WrapN3MN - 2014-06-21 8:05 PM This might be a dumb question, but if she wins and I owe her $xx does that mean she keeps the money and the horse, or will the horse be returned to me? No one can say. That would be entirely up to the judge. As was suggested, bring at least one expert witness and some sort of evidence. But don't settle with her, she may be trying to scare you into some compensation.
You underestimate the discretion of a judge. |
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 Elite Veteran
Posts: 927
Location: Iowa | If you win you can also get your expenses paid by her for this case.
If you have some video of when you had the horse that will show he can be ridden and behaves nicely , I would make sure you have that along. Get any written statements noterized also. |
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Elite Veteran
Posts: 726
| Just went through a similar thing with a friend.. TAKE WARM BODIES!! The judge we saw wouldnt even entertain a notorized statement.. Same kinda thing but.. this person stopped payment on a mare.. because she was "crazy" the only thing crazy about that mare was who was on the other end of the lead rope.. This mare was dangerous (in her words) so she sold the mare to another lady.. for her 8 yr old.. "Seller" had himself, his daughter who showed the mare to the people.. me who had the mare for months and sold her to 'seller' AND the new owner, her sister and many photos and videos of mare before sale... Judge almost laughed and ruled with plantiff (us) for the amount.. of course defendent wanted to appeal it!! As we left court I heard the judge tell him not to waste his time/money trying to take it farther.. Good luck and just go over prepared!! |
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 Googly Goo
Posts: 7053
 
| jbhoot - 2014-06-21 8:13 PM
If she sued for money than that's all she gets. All depends on what is in the complaint. Is this in small claims or is it in civil court.
Great question. You should refuse small claims. Exercise your right to counsel. |
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Googly Goo
Posts: 7053
| memory - 2014-06-21 11:05 PM If you win you can also get your expenses paid by her for this case. ....
True, and if you lose, you could have to pay her expenses. |
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 Warmblood with Wings
Posts: 27846
Location: Florida.. | Im sorry but after 7 months and the horse just is barn sore I just dont see her having a case at all. Horse isnt lame. broke or unrideable.. its barn sore.lol..
Edited by Bibliafarm 2014-06-22 11:07 AM
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 Husband Spoiler
Posts: 4151
Location: North Dakota | Sorry you have to deal with this drama. The worst thing about the horse business is the owners. Selling horses is my biggest headache. It can be so rewarding but yet it can be such a nightmare. |
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Mrs. Txdad
Posts: 14084
Location: the fantasy txdad married | I've told this story before. I wasn't actually invovled in the suit but, it was a horse that I had owned. I tried to buy the horse before this went to court and they wouldn't sell.
The end of it was the judge decided that the horse was sold as "sound" (the horse did pass a pre-purchase exam) but, since he believed the horse had a gate issue it was not "sound" of mind and therefore was misrepresented. The seller had to give the buyer a refund of $1,500.00 (pretty sure, it's been a while), pay all the court costs and the buyer kept the horse.
The total purchase price of the horse was $3,500.00 so, the seller lost the horse and a bunch of money. In a case that EVERYONE said she couldn't lose because it was ridiculous. |
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 Cheers!
Posts: 1127
Location: Its on the House | It sounds like your horse has more experience then the buyer. I just hate it when I see folks own an animal that they have no idea what they are doing. After 7mths I would believe the law of limitations would be up. She bought it and she broke it, its hers. Exercise your rights and hire councel, don't let her intimidate you. Good luck |
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| Thanks for all the replies and especially thanks for the great advice. I am typing from my phone so I'll try to keep it short:
I have every intentions to bring people with me to the hearing. I also don't believe a notarized paper means much to a judge. So far I have a gal that was at the arena the night the mare was tried out, a friend who delivered the mare with me to the woman's property and unloaded her from the trailer and walked her 1/2 mile up the driveway (it was winter and no where to turn the rig around) - I also spoke to a trainer in the area (that I have never done business with but she's a friendly gal) and she offered to speak at the hearing about horses behavior and how this could have happened; since my word will mean nothing to the judge.
Also, last night we found pictures of her riding the mare BAREBACK through snow, one month after she purchased her. We screen shot those and have dates it was posted and date we pulled the picture and printed them immediately before she removes them. Our mutual friend even commented on one and said "Well she's broke! Like all of Aprils horses!"
I believe she is doing this to try to scare us into just giving her the money back; but we'll see her in court I guess. I feel bad for the horse :( |
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 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | No advice just wanted to say good luck to ya  |
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| Small claims court has a fee to file a case by the plaintiff ... typically under $200... if they win then the defendant pays this fee along with the amount they won. If the defendant wins ... then the plaintiff gets stuck with the original filing fees ...
Whatever pictures or paperwork you are going to present to the court ... make you 2 three ring binders ... one for the judge to view as you flip thru your copy of the same binder in the same order and have each page tabbed with a page number for ease of finding them ... make it super easy for the judge to follow along as you testify ... (photos of horse being good by himself at parades, pasture or arena riding etc etc and any FB or other written remarks buyer has made since owning the horse )
Courts today also will allow you to use videos in the courtroom ... check and see if they have the equipment to show a dvd or whatever or take a laptop or whatever to show a professional trainer explaining the most common correction training for a sour horse ... such as this simple one that covers it very well and keeps it simple in a short length of time ... I have no idea who this guy is but his presentation is correct .... http://youtu.be/ORd_DX_fDnw
Also ... you need to cross file on her claim for your expenses to attend court and anything else you want ..... YOU HAVE TO ASK TO RECEIVE before you get to court ...
It is kinda like divorces where women's attorney's automatically file and ask the hubby to pay her attorney fees and he gets stuck because his attorney does not crossfile to omit that request and does not ask woman to pay the man's attorney fees .... even if man wins whatever big time .... he gets nothing since he did not ask ...
If plaintiff is a no show ... and you cross filed for whatever ... you automatically get that court order to file on any of her real estate or other items that are filed at the court house ... you may get something in the distant future and revenge for it showing up on any credit score searches for them .... otherwise the case is just dismissed ...
GOOD LUCK ....
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 Not Afraid to Work
Posts: 4717
| As someone who has seen you and your family around for many many years... I can confidently state you are fair horse people with nice horses. If i'm not mistaken, I even know the stud this mare is out of and know many of its siblings and know a lot about their behavior.
As many have mentioned, print all conversations you've had with buyer.
Get in contact with vet and farrier who have worked on this mare. If they're willing, they are very reputable to speak on behalf of this mares ground manners prior to sale. If shes ever seen a chiro, dentist, etc same thing.
Did you ever get an update from her on the mare after the sale?
Good luck lady. PM or text if you need, I have some experience in the legal field. |
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 I Chore in Chucks
Posts: 2882
Location: MD | some peoples kids. I hope it works out for you! |
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Googly Goo
Posts: 7053
| 1left2right - 2014-06-22 12:09 PM I've told this story before. I wasn't actually invovled in the suit but, it was a horse that I had owned. I tried to buy the horse before this went to court and they wouldn't sell.
The end of it was the judge decided that the horse was sold as "sound" (the horse did pass a pre-purchase exam) but, since he believed the horse had a gate issue it was not "sound" of mind and therefore was misrepresented. The seller had to give the buyer a refund of $1,500.00 (pretty sure, it's been a while), pay all the court costs and the buyer kept the horse.
The total purchase price of the horse was $3,500.00 so, the seller lost the horse and a bunch of money. In a case that EVERYONE said she couldn't lose because it was ridiculous.
Yep. That's the chance you take. |
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 Angel in a Sorrel Coat
Posts: 16030
Location: In a happy place | Good luck to you and best wishes for a good outcome for you. |
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Extreme Veteran
Posts: 507
Location: Lost in the corn of Iowa. | So sorry to hear about this. But to turn the tables a little bit. If this horse didn't know a darn thing and shebought it, had it trained to do something and was winning with it, would she be upset if you sued her because she under paid for what is now a well trained horse. I highly doubt it. Like others have said, document and get as many witnesses as you can to stand behind what you know. Good luck. |
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Member
Posts: 11
| Uh no. Unless you counter-sue her, you will pay your expenses. |
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