Please Point Me In The Right Direction

What is the name of your state? NY

A year and a half ago my friend told me that she could no longer afford to keep and train both of her horses, so I offered to buy one of them from her. We agreed that I would help her put up her own barn and start paying for his upkeep in return for the horse and future board in her barn. After paying out over $2700. most of which I have receipts for, she now refuses to release my horse to me saying that our agreement was only to lease the horse and not to buy him and that the money I had given her was for his use (which i never did use him because he is not yet trained) She wants another $1200 for me to take him. He was only initially purchased by her 2 years ago for $800. I have paid for all vet, blacksmith, and dentist bills for him since along with splitting costs of feeding him with her. Not only did I give her money to build this barn, my family and friends also gave up every single weekend for over a month to help build it (who are all willing to do what they can to help my cause) I want to file in court for either the return of my horse or return of my money as soon as possible. My only problem is that I got nothing in writing no bill of sale or contract. Will my receipts and canceled checks be enough? Where and how do I even start? Please help

headcase said:

I want to file in court for either the return of my horse or return of my money as soon as possible.

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Small claims court will only hear as to monetary issues.

My only problem is that I got nothing in writing no bill of sale or contract. Will my receipts and canceled checks be enough?

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No one can answer that factually as we haven't seen them... or had the opportunity to review ALL the facts. However, it is likely that the reciepts MAY be sufficient.

Where and how do I even start?

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Go to: http://www.courts.state.ny.us/courts/nyc/smallclaims/procedural.shtml

QUOTE:
"saying that our agreement was only to lease the horse and not to buy him and that the money I had given her was for his use (which i never did use him because he is not yet trained)"

**Boy, I'd like to see her explain that to the Judge.

thank you

Will sworn testimony from the people who knew us both and who helped us build the barn help to prove that she in fact had stated that the horse was mine?

another question....

if the option of getting the horse back isnt for the small claims court to decide what route should I take then? I am only demanding what is fair.... my horse or my money... i would be happy with either

headcase said:

Will sworn testimony from the people who knew us both and who helped us build the barn help to prove that she in fact had stated that the horse was mine?

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**If the Judge believes them of course it will help. But as JETX stated, you can't sue for getting the horse.

which court?

is there another court option that I can use and present my case myself? This is all new to me and very confusing.

What Now?

Someone told me to try a district court? Is the process the same?

headcase said:

Someone told me to try a district court? Is the process the same?

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Nope. Drastically different.
Small claims court is informal where each party simply tells it to the judge. Attorneys are seldom used (and even barred in some state small claims).
District court is a formal court where you are expected to know the rules of court, rules of evidence, etc. and an attorney is pretty much required (unless you have moderate legal knowledge).

In NY, the only "district" courts are the Federal Courts and your case does not meet the guidelines to be filed there. Small claims is the best option, or you can take your chances representing yourself in Civil Court (lord knows enough people do), but it's a lot slower and much more complicated than Small Claims.