Horse recovery/ property law?

Question

I lent a pony to a family for use for their children. They didn't give me any money or anything for him because i was retaining ownership. They couldn't sell him or make life decisions on him without my premission. I said they could 'have' him for as long as they took proper care to ensure he stayed sound (aka rideable and healthy), and that they would assume responiblity for his routine care. They have been neglient in routine care, but since they have custody and he's on their land they won't let me reassume custody. What is my next move. I've been told to get a Writ from the county clerk and a magistrate for the return of property. Can anyone give me more info on this

Answer 1

The police will not interfere in a civil matter such as this.  Unless you have proof of your ownership, you have little chance of getting him back.  You have to prove ownership before the courts will do anything.

I'm assuming you live in the USA. You should contact an area attorney familiar with your county and state laws to seek advice...many will give you information at no charge over the phone for something like this.  If the negligence you allege is sufficient, the ASPCA might do a rescue, but your ownership status wouldn't change.

Answer 2

I don't  get what your asking.

If I'm off topic, ignore this part...

Take the horse back?!

Answer 3

I suggest a phone call to your local humane society or animal control. The best thing would be to have an animal control officer accompany you to pick up the pony. Your local police or sheriff might also be able to help. Without a law officer there to keep peace, trying to get the pony back while they are home might turn into a nasty situation quickly.

Answer 4

What they are wanting you to do is draft a bill for civil court. You would need to contact an attorney and get the correct paper work from them and fill it out. Then you take it back to your county clerk. Next thing you need to do is contact your county constable(he's the only one who can get a seizure order from a judge) and sheriff's department if the horse is out of city limits, if not, then contact your local police.

What you have is a verbal agreement with these people. Since you have paperwork showing you are the owner of the horse all you need to do is show up with your trailer, the sheriff, and if the people you loaned the horse to still don't allow you to pick your horse up, the constable will then place an order of seizure to a judge.

As for the health care and damages that were made to the horse, you will have to pay out of pocket for those bills and then take them to civil court to collect the damages made. It could take days or months. BUT don't lose hope and keep all receipts and make sure to have a veterinarian document the condition of the horse either by taking them with you when you pick the horse up or take the horse straight to the vet after you pick up.

Also, you are allowed to pick this horse up with a police officer if the horse is in plain view from standing off the property. So make sure the horse is in a open pasture or a stall, because if the owners of the land claim that the horse is not on the property and you and the officer cannot see the horse, YOU WILL have to wait for the seizure warrant.

And as other posters said, just go pick the horse up when they aren't there. Or take friends and family with you when you go and these people are home. By law they have to file criminal trespassing on you in order for the police to be called out, that takes paperwork, and by the time that happens, you would have already got your horse and off their property. and BTW, if this horse is in fact yours and you show up with friends and family, I doubt they will put up much of a fight seeing as they are the ones breaking the law.

Keep the faith and good luck. and if you aren't able to be reimbursed after you get your horse back for all the damages, then just take it as a lesson learned. Would you rather wait and take them to court while they are still in possession of this horse and do more damage, or would you rather get your horse and insure he's well? Pick your battles.

Answer 5

if he gets in poor condition...call the animal cops/humane society and tell them ur the previous owner and they may give him back to you...

good luck

Answer 6

They're not home ALL the time. I would just go take him while they're gone. Technically, he's yours anyway so just go get him.

Answer 7

Did you get anything in writing? Next time, do!! I'd go straight to the sheriff's office (or city police ) and file a theft by conversion report, then go to the magistrate judge's office and file.

Witnesses that know the situation would be handy.

Then again, you could always just go get him and let THEM call  the law. I doubt seriously they would. You could also ask a deputy or police officer to go with you to collect the pony. Is  the pony in bad health? Take an animal control/humane officer along with you as well.

Answer 8

I agree with her  he is your horse you own him take him if they come then take them to court if need be.. you will win anyway if you have proof of ownership!