ownership of abused horse

What is the name of your state? WI

At the end of March 2004 I was talking to an aquantance at the time and she mentioned she wanted to sell her horse. I inquired how much she would want for it and she said if I was interested I could have him because she wouldn't get much money for him because she had been neglecting him (he was extremely underweight, had extreme muscle loss and so on). I asked if she would want money for him or want him back and she replied no I don't want any money and no I don't want him back I wouldn't do that to you. I said I was interested and I would have to look into a few things. The next time I spoke with her I asked her if she for sure she wanted to give him to me and she said yes. I told her I would take him and even had a place to board him when can I pick him up? She told me and I went with a friend and her fiance and picked him up the girl literally pushed him onto the trailor. We never had a written contract because she was giving him to me so I didn't think I needed a receipt or anything because there wasn't any money involved. The pick up date was April 13, 2004. Since then I have paid for feed, boarding and vet bills. At the end of May she called me and said she wanted the horse back because she supposedly had somebody who wanted to buy him. I've called her several times but I keep getting her voice mail so I politley said you gave the horse to me and even confirmed you wouldn't want him back so you can't have him back. She then called and left a message on my phone saying she wants the horse back this weekend (June 5-6) and I need to call her and tell her where the horse is and I don't want to make her angry. Do I have a right to keep this horse since she gave him to me? Should I take her to small claims court for a written document stating he is mine or should I wait for her to take me to small claims court? I know I have only had the horse a month and a half but I don't want her to take him back and abuse him again. I've also seen her abuse other animals with my own eyes such as beat cows with 2 by 4s. I'm going to contact the humane society regarding these incidents but I want to know what my options are legally or if I should just ignore her until she takes legal action against me.

You don't do anything but care for that horse.

IF she attempts to steal him, retrieve him in any way, you call the police.

PERIOD!

If she wants to sue you then she'll have to 1. prove the horse is hers and 2) prove that you have no claim to the horse.

As for having no claim, it will be tough for you to prove you do have a claim so make sure your 'witnesses' are there to testify. Also, if YOU initiate proceedings to take her to court, the burden of proof shift to you.

Don't give her a 2X4 to hit you with. Wait until she acts.

Also, call the county Humane Society NOW. People like this get their full attention. and MINE!

So should I just ignore her whenever she calls since I already told her she gave him to me and that is that? Would that look bad in court if I don't talk to her anymore?

Screw her.

Tell her the next time she calls or writes or yells over the fence to talk to your attorney.

So you think I need an attorney first or just say that to threaten her and if she really wants the name go get one? She doesn't even know where he is so I feal the horse is fairly safe I'm just worried about her harrassing me. She already said I don't want to make her angry and I get intimidated vey easily. I suppose now I sound like a baby, thank you for the advice.

The next time she calls you hang up on her. Then go to the court house and get a restraining order against her.

Or just get a callerID unit and don't answer when she calls. Let the calls go to the recorder THEN, if she says anything like that again, take the tape into the County Attorney's office and let them deal with her.

Ok updated information.
She left a message saying if I don't have him back in 48 hours her aunt is taking me to court. The reason her aunt is taking me to court is because the horse is registered through the AQHA under her name not Sara's (the person who gave me the horse) and they are going to say it wasn't Sara's horse to give away. I know it isn't looking good for me at this point are there any pointers you can give me as to information I need for court? Should I try to prove Sara bought the horse from her aunt then gave it to me? I don't have a case anymore do I?

It's time to speak with a local attorney.

I concur

I think it's definitely time to speak with an attorney, or else give up the horse and be done with it. An attorney could probably help you find a way to at least collect boarding fees, feed costs, etc...but I don't think you're going to get to keep the horse.

How well do you know this person? Is she likely to be bluffing about the AQHA registration? Also, how well do you know the AQHA? I'm not sure registration with the Association would be enough to prove ownership or not (this is one of the questions your attorney would want to find out).

I think your biggest concern might be finding a criminal charge placed against you. Fortunately, I don't think they hang horse thieves any longer...but they could probably still hang that "thief" label around your neck. I'm not saying give up, but you definitely need to get professional advice at this point. You might have to ask yourself whether the horse is worth it.

By the way, being "easily intimidated" is possibly the worst character flaw a person can display...especially an American. Get over it. Unless you aren't very intelligent, aren't physically strong, don't have any friends or family, and you're butt-ugly (and you have to have ALL of these things going against you), there's no reason to walk through an American life being afraid. If you have even ONE of these things working for you, you have enough to stand up to just about anyone. I know it sounds trite, but being afraid gets you NOTHING but bad results. Fear causes you to choose the wrong path time and time again...and people will most certainly trample you down at every possible opportunity if you show even the slightest tremble. Your answer to her saying "you shouldn't make me angry" SHOULD be "wait till you see MY nasty side!", even if the only person you say this to is yourself.

Good luck.

How well do you know this person? Is she likely to be bluffing about the AQHA registration? Also, how well do you know the AQHA? I'm not sure registration with the Association would be enough to prove ownership or not (this is one of the questions your attorney would want to find out).

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By a numbered tatoo on the inside of the upper lip.