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Small claims court over an animal?

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msbroon

Junior Member
Hi, I'm from Michigan, and have recently broken up with my boyfriend of 2 years. He purchased a horse for me for my birthday (August) and after new years we split up. I have tried to go pick my horse up, but he refuses to give him to me now. My question is do I have a case, and where do I file, small claims, or in a different court?
 


bononos

Senior Member
msbroon said:
Hi, I'm from Michigan, and have recently broken up with my boyfriend of 2 years. He purchased a horse for me for my birthday (August) and after new years we split up. I have tried to go pick my horse up, but he refuses to give him to me now. My question is do I have a case, and where do I file, small claims, or in a different court?
Are there papers on the horse, whose name is on them, his?
 
S

seniorjudge

Guest
msbroon said:
Hi, I'm from Michigan, and have recently broken up with my boyfriend of 2 years. He purchased a horse for me for my birthday (August) and after new years we split up. I have tried to go pick my horse up, but he refuses to give him to me now. My question is do I have a case, and where do I file, small claims, or in a different court?
Usually, small claims is for money only so if you sued him in small claims, all you would get would be money.

If you want to get your horse, you need to hire a lawyer and go to court in the trial court for your state (i.e., either district or circuit court or whatever it is called).
 

msbroon

Junior Member
Small claims over an animal

bononos said:
Are there papers on the horse, whose name is on them, his?
I do have papers for him, unfortunetly, they are in the owners name before the man we bought him from. So that means, I have to have them put in his name first, then have him sign them over to me. I would just let it go, but he is threatneing to abuse him, even kill him. I would like to get him out of there ASAP, but when I went with the police to get him, my ex refused and the police told me I had to take him to court, as it was a "desputed property".
 

msbroon

Junior Member
seniorjudge said:
Usually, small claims is for money only so if you sued him in small claims, all you would get would be money.

If you want to get your horse, you need to hire a lawyer and go to court in the trial court for your state (i.e., either district or circuit court or whatever it is called).
That would be okay, except I don't think I could afford that right now, as I have just moved from our home. Plus the fact that with thousands of dollars going to court fees and lawyers, I could just buy another horse. By that I don't mean that I could just buy another him, but that we only spent 2000 on him in the first place. So if I took him to small claims, would I win? As he was a gift, would he be forced to pay me him selling price? That might be an incentive for him to just give him to me.
 
S

seniorjudge

Guest
Q: So that means, I have to have them put in his name first, then have him sign them over to me.

A: Why not have him sign it directly to you?


Q: So if I took him to small claims, would I win?

A: I would have no way of knowing the answer to that question.


Q: As he was a gift, would he be forced to pay me him selling price? That might be an incentive for him to just give him to me.

A: Sue him for the limit in small claims. However, realistically, you would get only what he worth and horses are not worth much unless they have outstanding bloodline. And I'll bet yours is a gelding.
 

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