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Phony "Notice of Lien" served to me by one attempting to steal my horses, etc.

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E

eclipscope

Guest
Phony "Notice of Lien" served to me by one attempting to steal my horses, etc.

What is the name of your state? South Carolina

Two years ago, my sister intoduced me to a coworker of hers who needed someone to feed her horse for her twice a day, seven days a week. The deal was that my horses could live in her pasture for free, while I provided all of their food and care, if I would feed her horse for her. That was the whole deal, period.

I soon noticed that she would not do a single thing for her animal, including would not buy it food or hay when it ran out, so I began to offer to do things for her horse: pick up feed and hay and other supplies and let her pay me back, schedule vet and farrier appointments and meet them at her barn, etc., tend to it when it was injured and confined to it's stall for two months, which included mucking twice each day, untill I was doing anything and everything that needed to be done for her horse.

This went on for 18 months because I could not afford to move my horses to a paid boarding facility. She treated me nicely a lot of the time, but would also order me about like a servant, or just dump on me when she was stressed out by her demanding career, two toddler boys, and alchoholic husband.

Finally, I stood up to her and she ordered me to move my horses. Then she emailed me to appologize and said I could take my time finding a new place for my horses if I would still care for hers.

I pointed out to her that the market value of the services I'd provided her for the past 18 months far exceeded the market value of my horses getting to live in her pasture while I provided all their feed and care. I told her that I would look for a new home for them, but that it would be best if she cared for her own horse while I cared for my two, and that it wasn't as easy as she might imagine for me to find another place I could afford, and that it may take awhile. I emailed her every three or four weeks to update her on my search as several opportunities fell through between mid-July and mid-November. She did not object at all.

Then in late November she emailed to say I owed her $1000 for
"general horse board and care." I told her that I did not owe her any money because I had provided all the food and care for my own horses and had never agreed to pay for them to stand in her pasture. I told her I would move them. I called my dad and asked him to please loan me money for several months horse board somewhere else, and he agreed. I found a new home for them and let her know the vet would be coming to vaccinate them so they could be moved.

She hired a private investigative firm to "serve" me with a phony "notice of lien" which I found taped to my door. I cried hysterically when I read it because I didn't know it was fake. It said I had 10 days to come up with $1000 or she would sell my horses -- they're worth $10,000 to $20,000 -- to recoup the money I "owed" to her. It said I could not take my horses off her property until I paid the $1000.

After the County Magistrate, the Clerk of Courts, and the County Sheriffs had all assured me that the "lien" was bogus and I could get my horses off her land, I moved them to their new home. I was unable to get my tack and supplies out of her locked barn.

Then I began getting red doorhangers on my door telling me to contact a certain deputy at the County Sherrif's Civil Department, which started me crying and going crazy all over again. I was a nervouse wreck.

As it turned out, it was just the same phony "notice of lien" being served by a real process server this time. The investigator had tried to serve it and then just taped it to my door, and then the investigator gave it to the Sherrif's Civil Department to serve. The process server said she just has to serve whatever she's given to serve because they don't verify the authenticity of what they serve. This was increadibly traumatic for me and really took a toll on my nerves. I was shaking for a couple of days and had headaches because I was terrified of having my horses taken away from me since there was no way I could borrow $1000.

This lady still has all my tack and horse supplies worth at least $1000 or $2000 or more locked up in her barn. I am sending her a certified letter, as required by her County Magistrate, to inform her of my intention to file a Claim and Delivery lawsuit if she doesn't return my belongings within 10 days. I'm wondering if I have more than a small claims case due to her fraudulent "notice of lien" being served on me several times. Also, I'm wondering if getting a letter sent to her by and attorney would be more effective. Do I have to list the fair market value of each of my belongings in this letter? I can't even remember all of the things she has, so can I just say: ...and any and all of my other horse-related belongings too numerous to name?

Thanks so much,

Valerie P.
 


JETX

Senior Member
"I'm wondering if I have more than a small claims case due to her fraudulent "notice of lien" being served on me several times."
*** No.

"Also, I'm wondering if getting a letter sent to her by and attorney would be more effective."
*** A letter from an attorney will normally have more impact than one written by a 'layperson'.

"Do I have to list the fair market value of each of my belongings in this letter?"
*** You can simply list the belongings and give a total value.

"I can't even remember all of the things she has, so can I just say: ...and any and all of my other horse-related belongings too numerous to name?"
*** You can certainly say that and hope that she complies, but without a DETAILED inventory, you will always be at risk of not getting something.
 

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