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  #21 (permalink)  
Old 08-25-2009, 08:25 PM
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I still say that you need to take all of your paperwork with you and just go get him. If he has a problem with that then tell him to take it up with his nephew because the horse was not for sale. It was leased and only leased and he belongs to you and you are taking him home.
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  #22 (permalink)  
Old 08-26-2009, 12:50 AM
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I'm with 4j and mart. Go get your horse. You tried to go through legal channels and it did not work. This is another fine example of our law enforcement & DA not doing their job. In fact I think they actually insulted you by saying you should have been more careful. Then the DA says this is a civil matter. B.S.!!! That was so they wouldn't be responsible for doing anything.

If you want to see an attorney to be sure you are on good legal standing, go ahead. Just don't get sucked into a civil lawsuit and drain the bank account. Try just going and getting your horse first. This is theft and it is your property. Here's kind of a bizzare example. Suppose I rented a trailer to someone and they signed a LEASE. One day they got their cousins semi truck and moved my trailer to another state. Did they violate the lease, a civil matter, or did they steal it, a big time feloney?

As 4j said, get yourself a beefy friend to go with you and take your folder that shows all that proof you are the owner, and go get your horse. If you want to avoid a confrontation, find out when the uncle is gone. Does he work? What hours? Do they go to church on Sunday? If you don't know any of this, then go there and hide and wait for the uncle to leave---then make your movie. As the others have said, welcome the police because you have all the proof he is yours. The uncle should not try to stop you if he realizes he can be charged for harboring stolen goods. You can file charges there.

Stop letting these people take advantage of you. Get Mad! The law wouldn't help you, so go get your horse. Here's a quote from an old movie, "I'm mad as hell and I'm not going to take it anymore!" Go outside and holler that a few times. I bet you'll feel better.
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  #23 (permalink)  
Old 08-27-2009, 10:17 AM
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Alrighty. After trying to do it the legal way, I hit paydirt.

I had had enough and I called the state attorney's office to find out what to do. He gave me the name of a man that lives in MY city who just happens to be an Oklahoma and Texas RANGER. He is mad as hell. He cannot believe how I was treated, how the sheriff is trying to get out of doing his job and how the DA cannot see it is a THEFT. SO, he's going to go down there himself, present a case and have them give out a warrant and a seizure notice. He is going to deliver it himself and tell the nephew AND uncle that if he cannot find the horse, then they are as good as booked in the jailhouse.

All I want right now is to have Max in protective custody. After that...everything is coming out of the woodworks. My boyfriend's grandma works in pre-paid legal and is getting me signed up for it. Trying to find someone who works both in AR and in OK so that I have a better chance of meeting them.

I was just so relieved that someone who could do something...is actually going to!
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  #24 (permalink)  
Old 08-27-2009, 07:36 PM
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Whoopee!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!
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  #25 (permalink)  
Old 08-27-2009, 08:40 PM
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Thank God for those Rangers. So glad that you are going to get something done. Hope Max is home soon.
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  #26 (permalink)  
Old 08-27-2009, 08:52 PM
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Finally ,,,someone with a brain !! Thank heavens you found him !!
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  #27 (permalink)  
Old 09-03-2009, 09:30 PM
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Any updates? Did you get your horse back?

Hasn't been that long ago when I wrote about a horse I needed to get back for non-payment. Everyone said call the police. I was thinking, why? It's my horse and I have all the papers to prove it.
All the police are going to do is tell me to file this and that and go to court. Which will cost me money.

Took me awhile to get a address but when I did I picked my horse up.
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  #28 (permalink)  
Old 09-06-2009, 06:13 PM
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If I remember correctly there was a difference in the terms !! Didn`t you sell a horse to this person without a written contract ?? Or was I dreaming ?? In this case it was a written lease agreement that he defaulted on and then sold a horse that he didn`t own !! Same as theft !! Illegal as hell !! And the uncle knew it !! I don`t remember all the details but I don`t think the people that had yours even knew that he didn`t pay you did they ?? And I also told Mik to take a cop with her and her papers and go get her horse !! Another thing is you are in Arkansas and she is in Oklahoma !! Not too familiar with Arkansas laws except in general !! Oklahoma is not much different than Texas !! And most of that I know fairly well !! At least as they pertain to livestock !!
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  #29 (permalink)  
Old 09-07-2009, 10:49 AM
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Oh heck no! Wasn't me that sold the horse. A relative of mine sold a horse to a woman in Canada.
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  #30 (permalink)  
Old 09-14-2009, 02:38 PM
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Quote:
Originally Posted by mart View Post
If I remember correctly there was a difference in the terms !! Didn`t you sell a horse to this person without a written contract ?? Or was I dreaming ?? In this case it was a written lease agreement that he defaulted on and then sold a horse that he didn`t own !! Same as theft !! Illegal as hell !! And the uncle knew it !! I don`t remember all the details but I don`t think the people that had yours even knew that he didn`t pay you did they ?? And I also told Mik to take a cop with her and her papers and go get her horse !! Another thing is you are in Arkansas and she is in Oklahoma !! Not too familiar with Arkansas laws except in general !! Oklahoma is not much different than Texas !! And most of that I know fairly well !! At least as they pertain to livestock !!
Yes, he knew he didn't pay for her. But he did still have possession of her, he had not tryed to sell her.
I have no idea what the law is either. But it doesn't seem to help any of us. I've always been told who ever's name is on the papers owns the horse in the eye of the law and registration association (whether it be QH, Paint, etc...).
My way worked. I have my horse and all it cost me is gas.
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