Back in November (Of this year), a good friend left her Quarter/Arabian horse at my home to board. She has not contacted us since. I know posession is 9/10ths of the law, but is there a law that her horse can legally stay at my home (With no contact at all, or money from her, I have not even recieved a letter or a phone call) before it becomes my property and no longer hers? I have tried to contact her to no avail. I get either her answering machine or she answers and asks me to call her back at another time, because she is busy. When I do, I get the same two responses. So, really now. Is there a law that her horse can legally become mine without me purchasing it? She's basically abanoned him here. I give him the love and affection he needs.
2006-06-30 16:38:50 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
My bad. He was boarded here November of last year. :p
2006-06-30 16:40:05 · update #1
We did not sign a paper agreement to board the horse. I had purchased horses before from her (My other three), and since she lacked a place to keep him, I offered to board him out of the kindness of my heart, since I assisted in the raising of him since he was a Foal. (He's about four now)
2006-06-30 16:46:25 · update #2
First of all, you need to write a letter to your friend to her last known address, stating that it has been 7 months since you left (insert name) with me to take care of. In that time, I have not heard from you or received any monetary support for your horse. For this reason, I am giving you until (insert a date and a time) to come and retrieve your horse.
Mail this letter CERTIFIED and keep a copy and attach the return receipt to the letter. When the date comes and goes, contact the Justice Court to obtain a Civil Lawsuit form and pay the low fee to have her served. Civil statutes may be different in your state in regards to the maximum allowed amount you can sue for, but you can include everything you have spent on the horse, as well as the fee for having her served.
Since this is a Civil issue, the police cannot help you with this.
The local Humane Society will not be able to help you either as they do not have any say in the law.
I feel for you and I hope it all works out!
2006-06-30 19:24:51 · answer #1 · answered by sunriver_miller 1 · 5⤊ 2⤋
Seven months is a long time to be burdened with the effort and cost to maintain a horse. Did you have a contract with her? Or, any reasonable agreement? When was she supposed to come for the horse? who was supposed to pay for the horses feed? It is likely that, if she has ignored your calls, and is overdue picking up the horse, and ignored providing funds to care for the animal, the animal's disposal is up to you. You may sell it to recoup boarding costs or takeover ownership.
What is the value of the horse? If any recovery attempt is going to be made by her in Small claims court, hold the horse and force her to take that action. Countersue her for cost of care, food and boarding.
The Spca will not get involved in your civil dispute situation unless the animal is being abused. Forget them!
PS Make sure you have clear evidence that you have attempted to return the horse. Record all phone call times. And send her a couple of dated letters (registered mail) and keep copies. You have a loose deal with her but you should prevail in court, if she has resisted your attempts to have her take back possession of her horse.
2006-06-30 16:57:30 · answer #2 · answered by ½«gumwrapper 5 · 0⤊ 0⤋
I don't know how long but you could take her to small claims court for custody of the horse. Either one thing or another will happen. First, you could have her forfeit the ownership and rights to the animal. Second, you could recoup some of the money for the animal. Which ever way you decide to go, that is abandonment and neglect on her part and as long as you are taking care of the horse, congratulation to you for being there when she decided that it wasn't a top priority in her life.
2006-06-30 16:47:37 · answer #3 · answered by brittme 5 · 0⤊ 0⤋
Call the human society in your area. I don't think that lost and found applies here. Since it is a living creature, it was abandoned, and she essentially gave up her rights to the animal. If you report it, you may get to keep it, since it was in your care when it was abandoned. Also, since you have been legally and financially resopnsible for the horse for this long, I think that, for all intents and purposes, you DID purchase him, and that should factor into the decision that are made by officials.
2006-06-30 16:49:58 · answer #4 · answered by rinehartstacy 2 · 0⤊ 0⤋
Well, there is a lot going on here. You agreed to board him, but did you set a contract date?
You can't just claim a pet is yours if you agreed to watch the pet for the person. It isn't like a holding onto a watch. Even then, if you didn't set a termination date for the contract, you are going to have trouble.
You may want to contact animal services though. They may have a good answer for you, and there may be steps you can take.
2006-06-30 16:44:17 · answer #5 · answered by J G 4 · 0⤊ 0⤋
I had a situation where I couldn't pay for my cat's spaying immediately, and the vet told me that in NY state, if an animal is considered abandoned after 5 days of no contact or payment. Probably the SPCA could help you out with that.
2006-06-30 16:44:31 · answer #6 · answered by Leela13 3 · 0⤊ 0⤋
Contact your local ASPCA. They should be able to answer your question correctly & help you with whatever paperwork you need to file.
2006-06-30 16:44:31 · answer #7 · answered by bluedawn 3 · 0⤊ 0⤋
good question. I hope somebody out there can answer it! I would also like to know.
2006-06-30 16:42:40 · answer #8 · answered by jarm 4 · 0⤊ 0⤋
He's yours now, congrats! Stop calling her
2006-06-30 16:43:20 · answer #9 · answered by ? 6 · 0⤊ 0⤋