I have a legal question about a purchase of ahorse?

Question

I had a person buy a horse from me in May. They paid me with a check for $50. the check got washed in the laundry... and everyone knows what happens then. I called and informed her of it on May 23. She said that her husband would mail me a new check. I have tried contacting her a half dozen times since then and she refused to contact me. What can I do? The horse was never listed for free, and she acknowledged the fact to oweing me $50. Is he still technically my horse? Can I take the horse back? What are my legal rights? I have copies of all the emails!!

Answer 1

If you have proof of ownership before selling the horse, and if you did not write a bill of sale, and if the check she paid you with was destroyed in the wash as you say, then she has no proof of purchase. If she has a bill of sale then she can allege payment in cash, but her only proof of purchase without a bill of sale is her cancelled check after it clears payment at her bank, which she certainly cannot have if it was destroyed in the wash. The horse is legally yours until she has proof of payment.

Edit Note: Small claims court is probably the best legal route to retrieve your horse.

Answer 2

The police won't help you with this as it is a civil matter.  The purchaser probably has a bill of sale, and unless you have a payment  contract, it probably won't even go anywhere in court.  I am very sorry that this happened to you.  I am curious too as to why you sold the horse for only $50.

Answer 3

why don't you just call an attorney?  The consultation call us usually free.

Answer 4

There is another side to this.  Who's going to pay to stop payment on the original check?  You expect the person to trust you that you washed the check, yet there's nothing to say you don't still have it, will wait until you get another check from her, and then cash them both.  Another thing....suppose she had given you $50 cash and you lost it.  Would you still feel that she was responsible for giving you more?  It's not like it's her fault that you washed the check.  You made a mistake.  While it would be very nice of her to write you another check, or perhaps another check for $50 less the fees to stop payment on the original check, I would think she's under no obligation to do so.  There is a sticky situation that they have acknowledged that they would write you another check.  If they are having second thoughts due to the fact of the cost of fees to stop payment, or some other reason, they should at least be decent enough to contact you and air their concerns.

Answer 5

What everyone is forgetting is that until a check is cashed, the money has not exchanged hands. Call her or leave her a note (make a copy) that the horse will be repossessed.  

Answer 6

No because she did pay you, it wasn't her fault you washed the check.  The court will go in favor of the buyer because she did technically pay.  They could say you had sellers remorse and did it to get the horse back.  50 dollars isn't a lot of money, this will cost you more in court.  

Answer 7

Yes you can, as long as you have copies of the emails you can go the the county attorney's office and get a warrant issued for her arrest, when she gets the papers she can either pay you or she can give the horse back or go to jail. If I was you I would because $50.00 is $50.00 hope this helps

Answer 8

It would cost you more to take her to small claims court than the $50.00.  She most likely knows that, and won't be paying you.  Unless it is a matter of principal that you are willing to pursue on that basis, you're probably out the money.  I assume she possesses a bill of sale?  If so, she legally owns the horse, and the police will not do anything to help you, and will tell you to stop harrassing her.

Answer 9

WHY on earth would you sell a horse for $50 dollars to begin with!?

Answer 10

Is the $50 worth making a big deal out of it!If so keep taking the time out of your day to bother these people for $50! If not then let it go!She has proof she wrote you a check but she also knows if it has been cashed or not! To me $50 isn't worth wasting my time.They have the horse you don' let it go!

Answer 11

But she has proof she wrote you a check aswell. Go to their house, ask for the $50. If they refuse tell them to give you the horse. If they refuse that then call in the cops. They'll sort it out and things cant get worse by doing so. You're either with or without $50 or your horse. Call up and tell them if they don't pay up or give back the horse your calling the cops.