Stolen Horse--Man is BACK in jail!

[Cara]

Have you spoken with Debi Metcalfe at NetPosse? She's probably one of the more knowledgeable people around when it comes to recovering stolen horses.

Here is her number (704) 484-2165 (it is published online).

 

[wombat]

The lease, now THAT is gold.

The lease doesn't prove the horse was not later sold, which is what the thief will probably try to claim. "Sure, I leased his horse, but I liked it so much that I bought it from him. Paid cash."

Still, if the OP can prove he owned the horse for a substantial time (vet records), prove the horse in question is the same horse (vet affidavit), prove he leased said horse to the thief (lease), it's going to make it harder for the thief to wiggle out of this one.

Still, best to get a lawyer on this.​

 

[fowler_chick]

ok she also has to prove it was stolen and not a abandonment issue, that's how we got our horse....not really clear on the time from leasing the horse to him ...having contact with him and loosing contact with him....to checking in with the barn owner who should of been aware of the contract in the first place and could of given a quick call to tell her he moved him....to hay my horse is gone...she was never clear on that...

 

[txredneckmedic]

I hate to say it but your gonna have a real hard time trying to get this horse back. every horse i have bought was without papers and even with a lease agreement your gonna have to prove that he stole it

 

[onthespot]

Quote:
The lease doesn't prove the horse was not later sold, which is what the thief will probably try to claim. "Sure, I leased his horse, but I liked it so much that I bought it from him. Paid cash."

Still, if the OP can prove he owned the horse for a substantial time (vet records), prove the horse in question is the same horse (vet affidavit), prove he leased said horse to the thief (lease), it's going to make it harder for the thief to wiggle out of this one.

Still, best to get a lawyer on this.

A written lease sets a precedent that deals between these two parties are in writing. The lease is probably still in effect. If thief #1 doesn't have a written bill of sale which relieves him of the terms of the lease, I would think a judge could see right through him that he is a liar and a thief. Same for thief #2, which I bet didn't pay a cent for that horse, but his hiding him for thief #1. That horse is still stolen property and the sooner you file a civil claim in small claims court the sooner this will be resolved. That lease DOES have legal rammifications. It is probably your best legal piece of paperwork you have in this whole stinking deal. The fact that he broke the lease is irrelevant. It is a document that he did enter into a written agreement with you and failed to live up to the terms. (How BADLY he failed is another can of worms entirely!)

 

[rodriguezpoultry]

The barn owner was the leaser, so there was nobody else to get involved other than his ex-wife.

The lease was supposed to be 6 months and if he wanted it to be lengthened, I'd make up a new contract at that point.

 

[onthespot]

Has the six months expired already?

 

[rodriguezpoultry]

He got him on January 18, 2009. So yep...

 

[onthespot]

There are laws regarding stableman's lein. He can't just wait for a while and say "Time's up! He's mine!" he has to send registered letters, post in the newspaper I think. If he can't prove to the judge that he did any of these things... he did not acquire the horse by stableman's lein. Is there any proof that you tried to contact him abou the horse between the time that the lease was up and the time that a stablemen's lein could have taken place, (sixty days i think)

 

[rodriguezpoultry]

Yes there is. Repeatedly! I've printed off phone records about phone calls from Jan. 18, 2009 and now.