According to the law in Johnson County Texas, your horse's registration papers are NOT proof of ownership. You have to have a bill of sale. We took two horses for a huge training bill that the owner did not want to pay. He gave us the papers and we put them in our name. And gave him a paid in full receipt .Two months later, he files theft charges on us saying we stole the horses and forged his name on the transfers. The sheriff's office say we have to turn them over to this guy and sue him for the bill. I have contacted our lawyer, but they are coming after the horse's tonight. Any thoughts on what to do to stop them? The sheriff's office is no help.
2007-02-06 06:24:57 · 10 answers · asked by Paint Pony 5 in Pets ➔ Other - Pets
The guy gave us the papers and signed transfers. The horses are on our name. What he is showing sheriff is checks where he bought them. But not the bill he owed us or the paid in full receipt he got when he handed over the papers. And the receipt shows that were given papers in lieu of money for the bill. But since I do not have a "bill of sale" from this jerk, the sheriff says we have to give up the horses.
2007-02-06 06:52:12 · update #1
Report this guy as a fraud. Put the horses somewhere else, so they can't get them for now.
2007-02-06 06:28:18 · answer #1 · answered by Myglassesarealwaysclean 5 · 2⤊ 0⤋
The papers belong to whomever owns the horse, and the truth here lies in the terms of the adoption contract. Many adoption contracts have stipulations on when the owner takes over ownership and therefore papers on the horse. If by the terms of the original contract the horse is still owned by the rescue then they get to hold the papers. If the adoption contract was not transferred over to your name when you took possession of the horse then I suggest you look into getting that done. That way not only will you have clear knowledge of what your rights are with this horse but you will also be on track towards getting full ownership. If your only concern with getting her papers is going to breed shows then there is no reason why the rescue would not work with you in this matter. That is, unless you are approaching them in a confrontational manner about it or showing them disrespect in some way. Contact them, explain to them why you need proof of her registration, clear up the adoption/ownership issue and be very nice about it. Remember, not only do they have something you want (her papers) but they could legally remove the horse from your care. Play nice. Well if the original contract with the adopter stated that the rescue retained ownership and papers on the horse then the horse is still owned by the rescue no matter who *gave* you the horse and they can legally take it back if they chose to do so. You need to sort this out with the rescue in an amicable manner otherwise this situation could get ugly, and if they have ownership of the horse as per the terms of the original adoption contract it's an argument you won't win.
2016-03-29 08:00:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Hmmm. That one is a toughie. It can almost be compared to someone "giving" you their car as payment for a service but not transferring the title and then later yanking the car back because it is still in their name. The sheriff's office will not be able to help you if the guy has paperwork showing that those horses belong to him. They are not supposed to make decisions like that. Those kinds of things belong in a courtroom. In fact, you probably should have talked to a lawyer before you talked to the sheriff's department. Time and money probably prevented that though.
It sounds like if the guy has a legal foot to stand on then resisting giving the horses back will look negatively on you. It might even get you in more trouble. Personally, the lawyer is the best piece of advice I could give you. This guy might try to have charges brought up against you for "horse theft". It still happens from time to time. I am from Hood county and have heard of a couple of instances.
Hiding the horses from him will get you arrested. This will play to this guys favor. You need to talk to a lawyer and get professional advice.
One thing to think about, you held the horses for two months. During that time, did you have vet work done? Pay any other expenses for their care? I bet you fed them. Hopefully, you have all the receipts and have documented these costs incurred by the guy willingly handing the animals over to you. If so, see if you can sue him for the costs of taking care of his horses. Of course, this will not fly too well if he claims you stole the horses.
2007-02-06 06:35:50 · answer #3 · answered by A.Mercer 7 · 2⤊ 0⤋
The papers might not be proof but do you have a copy of the receipt?. If he gets the horses back and can show a paid in full receipt in court he has all the proof he needs to screw you. Did it just say paid or dioes it specify paid by exchange of ownership in some way? You need to research the laws on time limits before property becomes yours. After a certain time they lose their rights to ownership. Pay dumb if need be say you've never seen the man. Make it his job to prove ownership not yours. Good luck
P.S. if you've still got the horses send them to a friends barn for "training" immediatly
2007-02-07 07:40:48 · answer #4 · answered by emily 5 · 0⤊ 0⤋
Sue the guy for fraud. He probably just thought you would have to pay fines to him and he wanted the money, for the horse and fines. Make him pay it is not right.
2007-02-06 09:15:12 · answer #5 · answered by blonde_goddess2992 2 · 0⤊ 0⤋
File a civil suit-- either Complaint or Cross-Complaint and don't let anyone on your property. Tell the Sheriff (if one comes out with him) that a civil suit is pending over this and they won't touch it!
2007-02-06 06:57:06 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Best you can do is sue the other guy for fraud, intent to deceive, and theft of your money. Let the courts then iron it out.
2007-02-06 06:28:15 · answer #7 · answered by kja63 7 · 1⤊ 0⤋
i did not no this but yea i would sue that man for every thing he is worth that is just offal that someone could be thatb much of a crook and why would he wait 2 waits monthes to say that yall stole them thats just dumb but im sorry for your loss but i got faith that you will get them back i wil pray for you to
2007-02-06 06:29:15 · answer #8 · answered by j_breezy 2 · 0⤊ 0⤋
Wow I think that honestly your screwed I mean that in the niccest way posible
2007-02-06 06:31:02 · answer #9 · answered by zan j 2 · 0⤊ 1⤋
No I did not no that but thanks for telling me that
2007-02-06 08:09:38 · answer #10 · answered by andriaf1 2 · 0⤊ 0⤋