Chasing down your money...

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DancinWithDiamonds

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I sold a mare back in Feb to a wonderful lady. She really didnt have much money, so I let her do payments. I gave her two months to try the mare, and then another month to pay her off (I sold her for $500 Canadian....so I thought this was plenty of time...) She conatcted me to tell me that she was having financial issues, and asked if she could have until July to pay. I said okay. She said she sent the money order in late July, and I still have not received it. I've contacted her repeatedly, and she says now she "doesn't know what to tell me" since it was obviously lost in the mail. I asked her to go to the bank and see if she can cancel that first MO and resend one by registered mail. If I cant get her to do that, should I be looking into legal action? I hate having to chase my money down. I've always had good clients, who've paid on time, but now I'm wondering if it's worth the trouble. I think I've been more than generous. It's not a lot of money, but I want it none the less, but do not want to get all caught up in legal fees, etc. Any advice? This horse was not registered, but we do have a contract. To compund the problem, I was told she has sold the mare, as she was not suitable for her.
 

hhpminis

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If she is not too far from you then take a trip to her place. If the mare is there pick her up.

Other than that you are probably out of luck if the horse is not registered and you have no proof of what the horse looks like or anything. I doubt you have legal rights.
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It sucks and I am sorry. Probably have to write this one up to a hard lesson learned. I hope the mare is somewhere that is taking good care of it. You can bet I would be letting others know of this person if in fact she sold this horse without paying you. Not having the money and being in a tight spot is one thing but to sell it out from under you is plain stealing.
 

lyn_j

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[SIZE=14pt]I had the exact same issue three years ago on a 500 dollar horse. Checks bounced left and right and then I had the charges on top of that ....when I sent a certified letter someone at her house signed for it. She was in NC so I had someone go see if the horse was still there and he was NOT. No person and no horse. I still have his papers! No recourse to sue for it either because she no longer resides at that address! and we even delivered the horse for her 5 hours one way so we would know where he was.[/SIZE]

Lyn
 

Buckskin gal

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I would think you could take action against her and reclaim the horse if she still has it. do you have pics of the horse, registration, brand inspection or even emails that speaks to the transaction? Don't know Canadian laws but if something isn't paid for it sure the heck isn't theirs to keep! I am learning along the way also. Not that I haven't ever had a horse not paid for but that everything has to be agreed upon by both parties and then put in writing. I pay cash for what I get and I expect any horse I sell to be paid for before they get it also. Just saves some headaches. Mary

DancinWithDiamonds said:
I sold a mare back in Feb to a wonderful lady.  She really didnt have much money, so I let her do payments.  I gave her two months to try the mare, and then another month to pay her off (I sold her for $500 Canadian....so I thought this was plenty of time...)  She conatcted me to tell me that she was having financial issues, and asked if she could have until July to pay.  I said okay.  She said she sent the money order in late July, and I still have not received it.  I've contacted her repeatedly, and she says now she "doesn't know what to tell me" since it was obviously lost in the mail.  I asked her to go to the bank and see if she can cancel that first MO and resend one by registered mail.  If I cant get her to do that, should I be looking into legal action?  I hate having to chase my money down.  I've always had good clients, who've paid on time, but now I'm wondering if it's worth the trouble.  I think I've been more than generous.  It's not a lot of money, but I want it none the less, but do not want to get all caught up in legal fees, etc.  Any advice?  This horse was not registered, but we do have a contract.  To compund the problem, I was told she has sold the mare, as she was not suitable for her.
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Sue_C.

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Yes, she can certainly have a search done on the money order...if she ever sent one...so I would tell her to get her butt over to the bank, and have it done. Have her fax you a copy of her money order receipt. There is where you will know if she lies or not.

If she has sold the horse, and you have pictures or other proof the horse was yours, then there is still a lien on this horse. Threaten her with small claims court...and tell her that she will be the one sued for all costs insueing...that might get her attention.

My oh my, I hate liars and theives...
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justaboutgeese

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Want me to send some biker friends to visit her ??? In all seriousness a visit I would think would be in order. Even if she has sold the animal the sales agreement will still hold up in small claims court. If I can be of help PM me.
 

DancinWithDiamonds

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She is too far for me to go and pay her a visit. She is in NB, and I am in Ontario. I did a little searching, called a friend (where the mare was boarded) and actually got the contact info of the mares new owners.

I really feel pretty stupid for letting the mare go so far, and losing touch with what was hapenning to her. She now belongs to a young girl, whose parents were not aware of the situation. I am glad other have gone though the same, and I'm not the only one!!

I have proof the mare was mine, I had advertised with pictures of my website. I even have a bill of sale from when I bought her describing her markings, scars, etc... This forum is always so helpful in making me feel better!!! Thanks guys!
 

lyn_j

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[SIZE=14pt]Where are the mares registration papers? If you still have them then I would contact the new owners and tell them that the mare was not that womans to sell. I know you dont want to take the horse away from a child but I think they need to know they have purchased basically stolen merchandise![/SIZE]

BTW The courts said even with my contract unless the woman could be found I would be out a couple thousand on a 500 dollar horse so I just gave up.

Lyn
 

capall beag

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WHAT THE HECK IS WRONG WITH PEOPLE!!!!!

What a jerk!!!!!!!!

I am sorry but why do people do this???

People need to go back to Kindergaten and learn to play fair!

When you buy something you pay for it whether you like it or not!!!!!!!

Can you tell I have strong opinions on this!!! First hand experience!!!!!!!

That lady needs to pay you every penny she agreed to pay you!!

I would threaten legal action BUT uufortunately it would probably cost you more than what is owed to you to pursue it.

GRRRRRRRRRRR Dishonest people REALLY tick me off!!!!!!!!
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Dona

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This is exactly why I don't allow any of my horses that I sell, to leave the premises until paid in full. (unless a VERY good friend or someone I know VERY well!)
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Gameela

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I'm sorry that you are going through this. We have sold a couple horses that were only $1,000 each, both sold on payment plans. I retained the papers on one and the other had the things they needed to register her, but i never signed anything so that they could. They both started making payments and eventually stopped. We accepted some excuses, as I know, sometimes life happens and things can get tight, I have no problem being the nice guy and understanding these situations, as long as people are honest, but i do expect my money at some point.

They both are in good homes, so the one I still have the registration papers for is still with the people we sold her to, as far as I know (it's been a few years), so we decided to cut our losses. The other was on a payment plan, she stopped paying AND sold the horse to somebody else. We contacted the people who she was sold to and explained the situation, they had no idea she hadn't been paid for. Since she was in a good home, we let it slide and allowed them to keep her. We pretty much just cut our losses and let it go....ONLY because they were in good homes.

Now, I would be weary selling a horse on a payment plan if they were more than a days driving distance away....and would expect a down payment. The first time the buyer didn't pay, I'd go get the horse. If they wanted the horse, they could either make payments while on my farm, or the deal would be void.

With that being said, my current mare I made payments on. I put a down payment on her, had a contract signed by both parties, her registration papers were retained by the seller until she was paid in full. I was allowed to ship her from Montana to California WHILE making payments on her. It worked for me and the person who sold her to me. Of course, if I do payments, I make sure that I pay.....I know what it's like being on the sellers end and not getting payments, it is very frustrating.
 

Robin1

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I don't know what the laws are in Canada, so can't really help you there.

Lyn, you can go to small claims court for the $500. If the people don't show up for court you can geta default judgement. Take it to your County Recorder and have it recorded. If the person tries to get a mortgage or credit card the judgement will show up. If they try to sell a home or land, you will be paid off first. It may take awhile but it doesn't hurt to get a surprise check somewhere down the road.

Robin
 
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