QUESTION
What should I do if they are taking back a horse that was given to me six months ago?
Asked on Oct 05th, 2012 on Personal Injury - Florida
More details to this question:
It was only a verbal agreement and I paid for the boarding and feeding.
11 ANSWERS
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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If you are in possession of the horse, then you may call the police to report that they are attempting to "take" or "steal" the horse. They will have to show documentation that they are, in fact, the rightful owners. A verbal agreement is still a valid contract.
Answered on Oct 08th, 2012 at 5:47 PM
Who are "they"? What was the reason they gave you the horse? Are there any witnesses to the verbal agreement? These are some of the questions which an attorney would as you to see if you have a claim for return of the horse or possibly some other claim.
Answered on Oct 08th, 2012 at 5:46 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Sue, hire an attorney.
Answered on Oct 08th, 2012 at 5:46 PM
Ronald A. Steinberg
I am not exactly sure. Usually, a verbal contract isn't worth the paper it is written on. However, if you can show "detrimental reliance," you may be able to win the case. Certainly, you could counter-sue for the money you spent in maintaining the horse, since if it wasn't yours, you would not have had to do so.
Answered on Oct 08th, 2012 at 5:45 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Why would someone give you a horse? You'll need witnesses to your oral contract and "consideration" for the deal. The "contract" you have is not worth the paper it's written on. Hold on to the horse and charge them $100 per month for taking care of their horse.
Answered on Oct 08th, 2012 at 5:45 PM
Contact a contract lawyer or an attorney who specifically handles animal cases.
Answered on Oct 08th, 2012 at 5:45 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If it was a gift, the horse is yours. Once a gift is given, it becomes the property of the recipient. You can refuse to give it back. If they take it by force call the police. If they sue you, there may be a question of fact as to whether it was a gift or they just loaned it to you.
Answered on Oct 08th, 2012 at 5:45 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Oral contracts are equal to written contracts. They are just harder to prove because the other side will likely lie or have a different recollection of what was discussed or what the terms of the contract were. Your question does not have a lot of the facts needed to provide much advice here. Why would someone give you a horse? Was there an agreement that if you paid for food and board that you got to keep the horse? You can sue for the horse if you have an enforceable contract. I cannot tell if you do because you have not laid out the terms. In any event, you should be able to recover what you paid unless they can prove you gifted that money. You should probably try to get a free consultation with an attorney in your area that handles contract matters so you can explain the whole story and then ascertain what rights you may have.
Answered on Oct 08th, 2012 at 5:44 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A horse is personal property and any agreement is not required to be in writing. Obviously you would be better off if you had something in writing. Who is they? Your parents? A friend? I guess it depends on how old you are and what the agreement was.
Answered on Oct 08th, 2012 at 5:44 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the value of the horse was less than $5,000, you can seek financial compensation in small claims court. If you want the horse back, you would have to file in circuit court to obtain the equitable relief you are seeking.
Answered on Oct 08th, 2012 at 5:43 PM
Who is "they"? Your parents? How old are you?
Answered on Oct 08th, 2012 at 5:43 PM