missileman
Junior Member
Rotten Horse deal with a splash of Check washing and Forgery
What is the name of your state? Alabama
I posted in the criminal section and will start one here as well, since it's looking like I'll have to go to small claims.
Major points of the story:
Someone bought a horse to turn around and sell to us (never making it clear this was the case instead of us buying from who she bought from). She told us the horse was pregnant. She agreed to let us bring the horse to our house, closer to the vet, for a pre-purchase exam. Our friend goes to get the horse and the seller has our friend sign an agreement that sets the price of the sell (where the negotiations were not actually completed) and declares a refundable deposit we made to now be non-refundable.
Vet check turns out the horse was not pregnant. Seller agrees on us returning the horse and says she'll mail the check back. We put a stop payment on it.
Month passes, no check. Seller leaves voicemail saying she's depositing the check because she is due it.
Bank stamps it "Payment Stopped". Seller sends letter threatening legal action and demands more money (for her drive where she purchased this horse and two others that she was selling to other people). The letter also says that the bank, herself and her lawyer will all sue us. Claims all three horses were solely for us to choose from.
We ignore and ignore another certified letter from her. After the stop payment expires (bank said they'd send us a letter to indicate expiration nearing, never got it) and a month later seller cashes the check. The check had been washed and totally re-written including a forged signature of my wife. The Sheriff has an investigator looking into this. The bank wiggled out claiming that since the stop payment expired, that was as good as us having no longer informed the bank of a problem with that check.
Since the bank is not going after seller for the money, looks like I'll have to.
How do I proceed with Small Claims? And how to I get my money back if (when) the judge rules in my favor? The second question is accompanied by fear that the seller will have changed banks and changed ownership of properties to husband or parents. She has no employer as she just does this horse buying and selling on her own.
What is the name of your state? Alabama
I posted in the criminal section and will start one here as well, since it's looking like I'll have to go to small claims.
Major points of the story:
Someone bought a horse to turn around and sell to us (never making it clear this was the case instead of us buying from who she bought from). She told us the horse was pregnant. She agreed to let us bring the horse to our house, closer to the vet, for a pre-purchase exam. Our friend goes to get the horse and the seller has our friend sign an agreement that sets the price of the sell (where the negotiations were not actually completed) and declares a refundable deposit we made to now be non-refundable.
Vet check turns out the horse was not pregnant. Seller agrees on us returning the horse and says she'll mail the check back. We put a stop payment on it.
Month passes, no check. Seller leaves voicemail saying she's depositing the check because she is due it.
Bank stamps it "Payment Stopped". Seller sends letter threatening legal action and demands more money (for her drive where she purchased this horse and two others that she was selling to other people). The letter also says that the bank, herself and her lawyer will all sue us. Claims all three horses were solely for us to choose from.
We ignore and ignore another certified letter from her. After the stop payment expires (bank said they'd send us a letter to indicate expiration nearing, never got it) and a month later seller cashes the check. The check had been washed and totally re-written including a forged signature of my wife. The Sheriff has an investigator looking into this. The bank wiggled out claiming that since the stop payment expired, that was as good as us having no longer informed the bank of a problem with that check.
Since the bank is not going after seller for the money, looks like I'll have to.
How do I proceed with Small Claims? And how to I get my money back if (when) the judge rules in my favor? The second question is accompanied by fear that the seller will have changed banks and changed ownership of properties to husband or parents. She has no employer as she just does this horse buying and selling on her own.
Last edited: