Small Claims Civil Suit for return of stolen horse

What is the name of your state? Texas
The Hearing is set for Monday in Small Claims Court on my Request for Possession of Property. The "property" is my 10 month old filly which was stolen by someone I know. I worked for this man for 4 years paying bills, etc., during which I wrote and signed company checks. I no longer work for him but am now accussed of forgery and writing and passing over $2500 worth of checks on him. Says he knows I wrote them because my drivers license number is written on most all of them. Of the 4 years I paid bills and made purchases with these company checks, I can only think of two times I was asked for my license so my number could be documented on the check. My license is missing and he refuses to let me see the checks. The JP hearing my case on Monday said that He can not promise I will get my horse back. Said if def. feels I owe him money than he has every right to steal my horse to clear a debt. Tell me there is not a law out there that says you can take someones property because you feel they owe you money!

Said if def. feels I owe him money than he has every right to steal my horse to clear a debt. Tell me there is not a law out there that says you can take someones property because you feel they owe you money!

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The JP is an idiot. What he is telling you is called 'conversion' and is illegal.

You need to move this case to a circuit or superior court where a judge who doesn't have his head in his ass knows the law.

An investigator told me to also ask for a Writ of Sequestration?? because I was worried about the safety and well being of my horse. He said they would pick the filly up and she would be placed somewhere safe until after a decision was made at the Hearing. I asked to have this done when I filed the suit and was told they would not do it, said it would cost to much and that there was no guarantee I would get her back anyways. I don't think the Defendant ever filed an answer or responded at all to the Citation, but this JP has the Hearing set for Monday anyways. Wasn't I suppose to win by default? I have no idea if my horse is even alive!! My kids cry every day over her and the JP is acting like someone stole my BBQ grill or something just as petty! I have a bad feeling me and this judge will have problems Monday. I feel animals/pets should be treated and handled differently than "property" and it has taken all I have to remain calm and keep faith in the legal system and follow the rules and do things right in the eyes of the legal system, but I honestly feel no matter how right I am the legal system is about to fail me and that horse. I don't know what to do! I JUST WANT MY FILLY BACK...SAFE!!!!

Your case has LOTS of problems.....

"The Hearing is set for Monday in Small Claims Court on my Request for Possession of Property."
*** Your claim for return of property can't be heard in the Texas small claims court. The court can ONLY be used on issues of money. Texas Gov Code:
"§ 28.003. Jurisdiction
(a) The small claims court has concurrent jurisdiction with the justice court in actions by any person for the recovery of money in which the amount involved, exclusive of costs, does not exceed $5,000."

"The "property" is my 10 month old filly which was stolen by someone I know."
*** Can you PROVE to the court that this person stole your property??

"The JP hearing my case on Monday said that He can not promise I will get my horse back."
*** And that is true. If you prove your case, the court can only order the defendant to PAY the amount of your damages and hopefully, the defendant will agree to return the property in lieu of payment.

"Said if def. feels I owe him money than he has every right to steal my horse to clear a debt."
*** I simply do NOT believe the court told you that!! More likely, you were told that the defendant has the right to file a counterclaim against you to try to offset any claim you are making.

"Tell me there is not a law out there that says you can take someones property because you feel they owe you money!"
*** There isn't.

"An investigator told me to also ask for a Writ of Sequestration?? because I was worried about the safety and well being of my horse. He said they would pick the filly up and she would be placed somewhere safe until after a decision was made at the Hearing."
*** Yes, that can be done under Rule 696 of the Texas Rules of Civ. Proc.

"I asked to have this done when I filed the suit and was told they would not do it, said it would cost to much and that there was no guarantee I would get her back anyways."
*** Again, I doubt that is what you were told. There are some fairly strict requirements to do this, before the court will order the removal of property from someone else and you clearly did NOT comply with them..... or pay the costs.

"I don't think the Defendant ever filed an answer or responded at all to the Citation, but this JP has the Hearing set for Monday anyways."
*** Okay???

"Wasn't I suppose to win by default?"
*** Why??? You don't have a default unless the defendant was properly served with the suit and fails to make appearance. Also, you will still have to prove your case to the court.

"I have no idea if my horse is even alive!! My kids cry every day over her and the JP is acting like someone stole my BBQ grill or something just as petty!"
*** I know you won't like this..... but in the eyes of the court, your horse is PROPERTY only...... just like a BBQ grill.

"I have a bad feeling me and this judge will have problems Monday."
*** Sounds like it.

"I feel animals/pets should be treated and handled differently than "property".
*** It doesn't matter how you feel. The law says that animals are PROPERTY.

"and it has taken all I have to remain calm and keep faith in the legal system and follow the rules and do things right in the eyes of the legal system, but I honestly feel no matter how right I am the legal system is about to fail me and that horse. I don't know what to do! I JUST WANT MY FILLY BACK...SAFE!!!!"
*** Go to court and see what happens. If you don't like the outcome, you can file an appeal and get an attorney.