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Should I fight this?

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ahsun98

Guest
What is the name of your state? CA

Ok in october of 2000 (i was 20yrs old) I had been helping out at a stable. I had been riding and training a woman's (lets call her Jenn) horses. I was doing it for free lessons and for fun. I started riding a horse of hers named "Sox" who had reminded me of my horse that i had to retire just a few months earlier due to health issues. Every day I rode him she would tell me to buy him and how well he responded to me and how much he looked and acted like "Snoopy" (my retired horse)... well u guessed it I let my heart lead my head and I decided to buy him. We sat down and she said that she wanted $15,000 for him. (in the competitive horse world this isn't a huge price..so that is why I wasn't shocked or anything). I told her I made $8 an hour and had no idea how i would pay her. she said to "pay me when you can, and work it off". She said to think of it as a car payment. I signed a purchase agreement that didn't have a purchase price on it! I thought this was odd but being only 20yrs old and again thinking w/ my heart (i know I know I was stupid!) i went ahead and signed it. in the mean time i rode her horses and gave riding lessons at her place to go toward the horse payment. I was making no money and quickly realized that I would not be able to pay her anytime soon so in early 2001 i started advertising him for sale.. i had many people come out to look at him but because of the economy after sept 11 no one could commit to that amount of money. up until sept 2003 i was actively trying to sell him. I decided to send him to a trainer friend of mines place where she could advertise and sell him for me since i had changed careers and had no time to keep him up. When i found out the price she was going to charge me ($500 /month) I knew I couldn't afford that so I was looking into alternative places. Jenn was calling and hounding me at this pioint asking when she was getting money and when "Sox" was going to a training/sale barn. when i didn't get back to her quickly enough Jenn took it upon herself to take "my" horse to my friends barn ($500/mo place) and drop him off... i was so shocked that i didn't know what to do. I told her I couldn't pay for it and she basically said its your responsibility find a way. In November of 2003 she wrote me a letter and demanded $1,000 or she would sell all my equipment (she had all my saddles and equipment in her possession locked up and refused to give them to me .. approx $5,000+ worth of equipment).. she said to go to the bank and get a loan.. i have bad credit and no collateral so I knew there was no way i could get a loan.. i told her to keep/sell my saddles (except one that was a friends) because it would be more $ and i knew i couldn't get a loan or a credit card advance. Well I thought it was all settled since I hadn't heard a peep from her until this last week.. last week I get a certified letter, she is demanding $26,000 from me by the end of september or she will sue me. She is suing for the price of the horse $15,000 , and the $ she paid to send him to a trainer ($6000) , and vet bills / horse shoeing bills and misc charges he apparently incured this last year.. alll supposedly adding up to $26,000!

My question... How much of the money do you think I should be liable for? unfortunately most of our agreement was verbal... Since she took the horse to the trainer last year w/out my permission and without my signature on the boarding agreement w/ that trainer am i liable for that $6,000 + that was incurered last year? Also the fact that she took control of the horse and signed all documents last year for him technically mean she took him back and therefore he is no longer mine? I asked her many times to just take him back because I couldn't afford him but she refused.. wouldn't a judge probably just make me give the horse to her and then pay any extra charges incurred during the time I was in control of him (oct 2000 - sept 2003)?


thanks in advance.. sorry so long.. I really really need some help on this.. i may be able to get a loan now for close to $20k but if you think it is worth fighting than i will.
 


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NickBBB

Guest
Did the purchase agreement have a date of sale or anything like that? From what I can make of the story you agreed to buy the horse at some time, but the date and price was never stated. I am not wise in the ways of horse sales, but do you need to have any kind of certified witness present? Is there a title or anything like that?

Can she prove you agreed to buy the horse at 15k?

As much as I can decipher out of this, the horse was never owned by you, thus you shouldnt be held responsible for any stabling fees and such.

I think you could be helped more if more information was given. Do you have any Documentation of any kind? Did she sell you belongings?
 
A

ahsun98

Guest
I only signed a purchase agrrement, the only date on it was next to my signature. The horse does have "papers" that I never received due to still owing money. She told me she still has all my equipment and will not give it back to me until she receieves $26k... The only documentation that has his purchase price listed ($15k) is from a certified leter i received from her last week. It was a "Notice of Demand". but otherwise like i said it has pretty much all been verbal. Thanks so much for your help! I am really worried about all this. Also if I decide to fight this would it be wise to seek a lawyer or try to rep my self?
 
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NickBBB

Guest
I would most definately seek some kind of legal help if she pursues this in court. Also I would fight this, since you never owned the horse from what I can tell. You only agreed to buy it, but a date was never set on when you would be granted ownership (assuming once you paid in full it would be yours)
Thus any stabling fees, food, water, general care of the horse would not be your responsibilty since you technically didnt own the horse.

Like she stated think of it like a car, is also wrong in my mind since a car you would usually take out a loan for, and the bank would technically own it until it was paid off. Furthermore a car doesnt need to be fed and shoed

Who wrote up purchase agreement?

The price was a verbal contract?

Need more info, but I hope info I have given ya has helped. BTW I am not a legal representitive in any way, nor do I know explicit facts pertaining to the law. I am simply trying to help you get this sorted. If she has no proof her case may be hard to win, the burden of proof remember is on the plantiff.
 
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NickBBB

Guest
Also if you never received papers then I do not think the horse was ever yours. If she brings this to court file a counter claim for you belongings and any money which has been paid to her already. Also seek legal help, this is not a small claims issue in any way. Small claims is for 5k and below
 

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