Ever had the unpleasant need to repossess a horse?

[StarRidgeAcres]

Feel free to respond here or email me or PM me. Some of the things I'm wondering is do you go through the local Sheriff's department or would you go yourself and attempt to get the horses? Are there any legal things that should be done before trying to get them...such as (I'm totally guessing here) notifying the person by certified mail of my intent to pick up the horses, giving them written timeframe to pay all that is owed before I'd do it, etc.

I've never sold horses and had a problem accepting payments. I would say almost all the horses I've sold I did so on payments and everyone has been wonderful. I guess there is always a first. I've not gotten a dime on two horses since November. At first there were excuses but now I'm just ignored. Unfortunate. There's always one in every crowd I guess.

Thanks in advance for the advice.

Update 3/21:

Things haven't gone well. Friday came and went with no payment via paypal and ignored emails, PMs, etc.

Can anyone suggest who in the AMHA and AMHR offices I could contact to make them aware of this situation. I still have the papers on these horses and am planning to have them returned to me. But want the offices to know I legally own these horses and still have the papers in my hands. A specific name would be most helpful.

Thanks again! Seems like I've need more help lately. I'm being more of a taker than a giver these days to the forum. Sorry about that.

 

[wpsellwood]

Oh what a bummer! Sorry you have to go through this. I have no idea what you have to do legally. But I wish you the best and let us know how it all goes. Good luck buddy!

 

[~Lisa~]

Well I will tell you this. technically you have no rights to the horse if it is in someone elses possesion. If they refuse to give you the horse you will have to go to court. Most law enforcement will not get involved in a civil matter- contract or not and he who has possesion of the horse keeps it until a court order says otherwise.

You yourself could get arrested if the person in possesion calls the police on you

At least that is what I was told perhaps things have changed since then?

 

[LAminiatures]

That stinks so sorry this happened to you. It really ruins it for those that have paid and acted with integrity. Sorry but that really makes me mad. I would go to the police dept. In your town. They can help get you going in the right direction. I wish I was closer I would be picking you up with the trailer in tow. Yes this did happen to me with a big horse. Keep us posted.

 

[A Little Blessing]

~Lisa~ even if there is no bill of sale that has exchanged hands? That's wild.

 

[Miniv]

We've repossessed twice in 20 years (which I think is pretty good odds.). However, both times the the horses needed to be repossessed for their health AND for the fact the buyer had gone against the contract.

We did contact them both by phone and in writing. We gave them three months and the final letter was resgistered.

In the end, one buyer agreed to just have them come and repossess. The second buyer was in Idaho and raised a fuss.

But we just showed up and after some "back and forth", we won and took the horse away. It was not a pleasant experience, but for the young stallion's well being we pushed the issue and the buyer did not want the authorities to come down on them.

Grrrr.

 

[topnotchminis]

So sorry this happened to you.

 

[Becky]

I repossessed a horse that the buyer defaulted on. Actually, I ended up giving her back the money she haid paid so far for the horse. The buyer refused to pay any more on the horse after paying half of the money. I considered going to get the horse, but with the horse 1500 miles from me, I had no idea what kind of situation I would get into. And this buyer was strange...... I had my attorney write her a letter threatening to take legal action if she didn't finish paying for the horse. Didn't matter. She ignored the letter. I didn't want to see this filly end up in a bad situation with no registration papers, so I offered to give her money back. She finally accepted, I hired a transporter to pick up the horse and warned him to get the horse quick and get out of there.

The filly is now a treasured broodmare in my herd.

 

[JMS Miniatures]

This would defintelly be more of a court matter and instead of getting the police involved I would seek an attourney and work thru it that way.

 

[drmatthewtaylor]

I think you unwittingly gave the buyer an unsecured loan.

You can retain a lawyer, but a nasty note is easily ignored and it will cost you.

You can take them to court, but there is no debtors prison. Even if you win they don't have to pay.

I'd show up firm but polite.

I get stuck for about $10,000/yr. Take it from me, don't dwell on it. Learn and go on.

Dr Taylor

 

[joylee123]

Sorry to hear this Parmela,

This is what is concidered a Civil matter. Police can't help you with this it is a court matter. If you have a contract you can file in small claims court. Do you still have the "Papers"? That helps prove ownership if they are in your name. Without a contract and the registration paperwork in your name, It dang near impossible to satisfy the situation legally. Maybe offer to give her the money back and pick up the horse???

So sorry

It's people like that that screws it up for the rest of us.

If it hadn't been for people trusting me,I'd be a few horses less

I have alway tried my dangdest to repay or pay off anyone I am indebted to asap! Just because I feel their trust in me is so precious and I would never want to let someone down who trusted me.

Hope it all works out for you

Joy

 

[StarRidgeAcres]

Thank you all so very much for the advice, education and supportive words. I do still have the papers so that is a plus for me.

But here's the best news of all...

The power of Lil' Beginnings!

The buyer isn't a forum member to my knowledge, but I'll be darned if I didn't get an email with a payment plan attached, with the first installment coming this Friday! Imagine that.

More than the money - because it really wasn't that much IMO - I'm concernd about the horses and if there is a money shortage then are they getting proper feed, hay and care, etc. I sure hope so. This is the hard part of selling; the not knowing.

Thanks again! I was/am dreading the thought of having to drive there and negotiate getting them on the trailer.

 

[targetsmom]

Glad to hear that it sounds like the issue is getting resolved! And very glad the issue wasn't Toffee!!! Wish we had video of her outing today... running and bucking in the finally-safe-to-run-in pasture!

 

[Jean_B]

Despite the fact this SOUNDS like it is getting resolved - I thought I would pass along some things I learned when I ran into a non-payor (actually, they took the horse after giving me a rubber check....but the end result is the same).

If you have a sales contract - it immediately takes it out of the realm of "horse theft" which is a criminal matter - and puts it into civil court. The others are right. The district attorney or law enforcement have NO jurisdiction in this case.

Your only recourse is to go to civil court (small claims if the amount is small enough) and get a judgement against the offender. You can ask for relief in the form of payment in full, or a garnishment (this works only if you or the court knows where the person works....if they even HAVE a job), or in the form of repossession, or some other satisfaction. If you get an order allowing repossession, you can then ask the county sherriff's department to accompany you - and this is highly recommended.

In the case I had - I lived in Wisconsin, the offender lived in Maine. The amount of the rubber check or the actual value of the horse did not make it worth my while to drive all the way to Maine to repossess. So I got a Wisconsin judgement against the offender, and then filed a "Foreign Order for Replevin" with the county where the offender lives. This ensures that for the next ten years, if this person ever attempts to get credit, it will show up as a "bad debt". They messed with me, I'll mess with them as much as I can. (Some people down in Arkansas and Oklahoma now call me the "wicked witch of the north"....a most undeserved

title!!

)

Which is why I changed my contracts so that no horse could leave my place without payment in full...and if final payment was made at the time of pick-up...it was CASH ONLY.

 

[ruffian]

I'mdealing with this right now. It stinks major time. First few months were great, got payment, got photos with the kids, everything hunkey dory.

Now she won't return e-mails, mail comes back. Went to small claims and got a judgement. She said she was actually at fault, would make payments, nothing. Then told me the horse DIED last year. Then I saw her being congratulated on buying yet another mini.

It's not over, but I was told I could get the police to back me up and go get the horse OR something of equal value. I haven't done it yet because of the weather, but come spring, I'm taking a road trip.

I have the papers and the contract and the court papers. I'll post when the next step is completed.

But it will be a long time before I offer a horse on payments again.

 

[JMS Miniatures]

I think this post is very important for everyone that if you are selling a horse on payments DO NOT GIVE THE PAPERS, and better yet not the horse lol. If they want to show they can have a show lease but the owners still have the papers, and I certaintly wouldn't do any breeding rights.

Glad this may be resolved.

 

[StarRidgeAcres]

Lots of good information here and good reminders for me especially as I'm a softie.

Dana, sorry you're going through something like this also. I hope the horse didn't actually pass. What a nightmare for you.

I've since learned things may be more widespread than I thought, so we'll see. I need to think about what's best for the horses, so I've got some thinking to do.

 

[Molly's Run Minis]

I'mdealing with this right now. It stinks major time. First few months were great, got payment, got photos with the kids, everything hunkey dory.

Now she won't return e-mails, mail comes back. Went to small claims and got a judgement. She said she was actually at fault, would make payments, nothing. Then told me the horse DIED last year. Then I saw her being congratulated on buying yet another mini.

It's not over, but I was told I could get the police to back me up and go get the horse OR something of equal value. I haven't done it yet because of the weather, but come spring, I'm taking a road trip.

I have the papers and the contract and the court papers. I'll post when the next step is completed.

But it will be a long time before I offer a horse on payments again.

wow. i wonder if the horse has actually passed or if they're lying to get you off their backs? i'd be very interested in hearing the outcome of this! good luck!

 

[Kelsey - Vandy's Farm]

Which is why I changed my contracts so that no horse could leave my place without payment in full...and if final payment was made at the time of pick-up...it was CASH ONLY.

Yep, we do the same thing.

 

[Molly's Run Minis]

i have to say i've never heard of someone who was making payments be allowed to take the horse off the property of the seller! usually from what i've heard you make monthly payments and you can pick the horse up when the payments are done and you've paid full price for the horse. i wish you luck with the person Parmela!