Stolen Horse--Man is BACK in jail!

[Cara]

Quote:
How can you prove anything is stolen? You prove ownership, and report the item as stolen if you suddenly no longer have it. If he can't prove he bought it, he's SOL. Nobody in their right minds would buy an item as expensive as a horse without at least a bill of sale. It is important for both the buyer's and the seller's protection. In many states it is required by law to have a bill of sale/transfer of ownership when buying and selling livestock.

This is the NM form:

http://www.nmlbonline.com/documents/Livestock Bill of Sale.pdf

 

[onthespot]

File a claim in small claims court for the value of the horse. File a separate case for each thief, claiming full value of the horse. Serve them separately, name them separately, get separate court dates. The judge may find one person 70% liable and the other only 30% liable, but you have to ask for full value from each person. Don't decide ahead of time in your head what the judge will decide. By suing for the full value of the horse you allow the judge to use full discretion in awarding you your claim. Also, file for a non-cash consideration of the return of the horse, from each defendant. You can go for more, from "loss of use" for the time he kept the horse without your consent. What would it cost you to rent a horse every day to ride for an hour? Times that by how long they kept the horse. You can tack that on there too. You won't get all the above, but it just gives the judge more to work with in trying to figure out your award.

 

[Cara]

That might backfire with the current horse market though, or how the value of the horse is decided upon. If it's the original purchase price, and she bought him as a colt, she'll be severely out of pocket.

 

[onthespot]

The current market has not changed that much in six months. If he was a $2k horse a year ago, he pretty much still is. If he was a $500 horse a year ago, he pretty much still is...

 

[Cara]

I mean if they use the current market prices as a guideline for his value. If she's had him for a couple of years, he might be worth less in market terms than he was when she bought him, despite having more training. Our broke ranch geldings are bringing $1000. Two years ago we sold a 20+ yr old for $4000.

 

[sred98]

Actually, since he is a well-known (in the area) heading horse, he will bring significantly more than a regular trail horse. The uncle asking for $5000 is ridiculous for her to pay to get him back, but not a lot for a decent roping horse. $25,000 to $50,000 is not unheard of here for horses with a good head on their shoulders and being disciplined for their age.

If she can find out how much he's won since he's had him, that could figure into the price as well.

S

 

[Cara]

I guess we need to ship ours to OK to sell then!

 

[pips&peeps]

I think that you have proof you did not sell the horse. Why would you write a lease agreement and not a bill of sale later down the road?

If you know where the horse is and have filed all the paperwork, I would call the authorities and tell them you want to pick up your horse at such and such address and would like to have an officer on stand by in case there is an incident.

If you show up with the police, the guy will think he has to give the horse back and may do so willingly at that point without having to go to court and wait to get your horse back.

A little bit of intimidation may change the guys mind. The police just have to show up, they don't have to say anything.

 

[Cara]

Exactly. It's up to the thief to prove ownership, not the victim to prove theft. How do you prove a vehicle is stolen? You have the documentation, the thief does not.

 

[havi]

Glad to hear you simi found your horse. I hope you are able to get him back soon!


Sorry to go off topic.

Quote:
Originally Posted by Cara

I just tried emailing you, but the page kept refreshing. So Im not sure if it went through or not.


ETA: sorry I have ADD and didnt finish my sentence.