Stolen Horse--Man is BACK in jail!

[rodriguezpoultry]

I've tried reporting him as stolen. The lawyer says that is what he is, but the sheriff's office refuses to see it that way.

I did not even consider the highway patrol...that may be another avenue to look at....


I am taking him to small claims court, I just have to get a loan from the bank to proceed. small claims is civil court right?

The other is going criminal as well as civil.

 

[Wolf-Kim]

If I were you, I would print up "Stolen" flyers and post them at all the auctions, shows, and rodeos. Maybe they'll bar him from the competition.

I hope you get this out in the public via the media. That sheriff won't do anything until he realizes it's not just going to blow over. It's almost like he's waiting for you to just forget about it an let it go.

If it goes public, that sheriff is going to get of his lazyass and do something. He's in a public position, he knows he doesn't need negative publicity. Wouldn't want to mess up his next voting, now would we.

 

[Brindlebtch]

Quote:
That is exactly what that !@#$%^%$#@! sheriff is doing -trying to wait you out so you give up!

Can you call a local news station? Or newspaper? The flyers are a good idea.

I so feel for you.

 

[patandchickens]

I looked into NY state law on this some years ago when the check bounced for a horse I'd sold and the buyer took a week or so in getting back to me about it

... and at least there, probably anywhere, the problem is that when there is *dispute* over the ownership of an item, especially if part of the dispute involves an intentional transaction, then the police cannot treat it as stolen. It only counts as stolen if, well, it was obviously stolen (like a car being taken) or if a court has ruled on which of the disputing parties has legal ownership.

This also covers cases where, for instance, a separated or divorcing couple disagrees (sometimes each with their own documentation) on who owns the <whatever>.

It really, really sucks. I do not know that there's much can be done about it however; I am puzzled that a lawyer would think that police would intervene in this situation, and I share the O.P.'s concerns that just going and stealing the horse back would open up a whole new, much much larger and potentially more dangerous can of worms, and possibly backfire as well.

But the situation still really sucks

Big hug, hang in there,

Pat

 

[bwebb7]

The horse was leased to someone and inapproprietely sold to someone else.
The Idiot is in posession of stolen property!
I am very disappointed in your sheriff AND lawyer for not insisting!
Can't your lawyer go before a judge with your lease agreement and the horses registration papers proving you are the owner and get a court order from the judge?

 

[Elite Silkies]

Quote:
Do you have any idea if he stalls your horse or if this horse is in the pasture?

If he is in the pasture, I might have someone that would be willing to help you.

 

[WalkingWolf]

Quote:
Warning here>>Once you file a small claims you will not be able to file any charges as you will have thrown it into the courts for adjudication. Even seizing the horse back will be viewed as a violation of the court proceedings once you are giving court dates and it is placed before a judge. Check with your lawyer on this it may vary from state to state.

Have your lawyer check with a magistrate on receiving a repo order to go get him would be your best option. Then the sheriffs office is obligated to have a deputy on scene when notified. You may have to pay the sheriff office for the deputy or pay for him yourself.

 

[Kacey's Krazee's]

any updates to this thread? Is he home yet?

 

[txredneckmedic]

yeah its been a while since we got a update

 

[wombat]

I think the OP is waiting on civil court action and is laid up with the flu right now.