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View Full Version : Horse Sale turing bad, Need some advice


scabbitin2004
08-29-2006, 11:12 AM
Ok, I sold Dill this spring to a lady that was beggining to get into horses. When I sold him I did not think twice about putting a beginer on him at all. He was my solid horse. Well when he got to her house he showed her is bad side. So after a couple of months she decided to sell him. I took him back for 2 months charging her nothing to work with him somemore and help sell him. During this time she did nothing to promote him to try and sell him. So after two months I was going away for a couple of weeks and nobody in my familly was going to take care of him so I took him back and left it up to her to deal with. So on sunday I get this phone call "I took him to a pro trainer and the trainer said that he should have never been sold as a beginers horse in the first place. I want you to come and pick him up and give me my money back, if not then I will pursue it further." Umm ok. First of all you bought the horse in March. That was 6 months ago. Second of all I do not have any money to spend on a horse right now.

So here is the question. Have any of you who have ever sold a horse before have anything like this happen to you? and if you have what did you do?

I have made up my mind that I will not take him back no matter what. He will not step a foot on the farm again, and I will not offer to help sell the horse anymore. Does she have any grounds to be able to come after me?

This kind of thing happened with my parents when they bought 50 jersey/holstein breed heifers from a guy. They turned out to be beef crosses. Our lawyer said that he could right a letter but that would not do much because we all ready had them and had paid him for them. So we ended up selling them at about a 20,000.00 loss on our part. In my opion if she has to sell Dill at a loss then she has to. Even when I sold him I did not make any money on him.

Secondly we did not have any money back agreement, So why would a person think that they can get there money back, (It would be like going to a car dealership and buying a car and then a few months later haveing someone tell you that you should not have bought the car becasue it is a piece of junk. If you take is back to the dealershio they will not give you, your money back you are stuck with the car) other than she wants to make sure that she gets her money back and figures that she can bully me around enough to get it back. Oh and to top it all off her husband races thuro and QH runners, and has been doing so for many years. He should know what it is like in the horse business with buying/selling a horse. You can't tell me that when one of his horses breaks down that he can take it back to the person he bought it from and get his money back. NO he is stuck with a broken down horse.

Also I thought for future sales that I may want to come up with a paper that the sell and buyer sign that states a few things along the lines like. There is a 2 week money back gurantee after that the horse is all yours. I understand that horses are inheritably a dangerous thing to be around. Do any of you have some kind of a paper like that, that you use when selling horses? If so would you mind sharing with me? or am I just being crazy in this sue happy world, I am only trying to cover my behind here.

justbcos
08-29-2006, 11:17 AM
When I bought Winnie, I had to fill out a purchasing agreement, it covers some of the stuff you're talking about, I'll send it to you after I dig it up.

I can see if the horse turned crazy within 2 weeks that she would have had recourse to return him to you at that point, but not after 6 months. How can you be held responsible for how she may have treated him during those 6 months to affect his behavior? I doubt she has a case that will hold up in court.

Maryb
08-29-2006, 11:36 AM
I don't know much on the selling side, but do know that in MN at least and many other states there is a presumptive risk statute meaning that horses are potentially dangerous, unpredictable animals and by agreeing to be around one, you are, pretty much, indemnifying the owner/boarder, etc. from any damages due to that.

That being said, if someone knowingly sells a horse that had 'bad behavior' or 'bad history' and they could anyway retrace the life of this horse and prove it was determined inherently dangerous at some point or had behavior problems, and the seller knew of that, that could nulify the above statute. I'm sure you didn't do this, I'm just giving an example. :)

I had trouble with my first horse, the seller agreed that the horse might not be a good fit for my family, came back, took that horse back and left us with one to keep the other company until she found us one that was more of a fit. Well, we ended up falling love with the 'stand in' and that was that. We kept her. The original horse now has a wonderful life in North Carolina!

Also, the QH I bought and have now was a lesson horse, walked on voice command, etc. was a dream at the place we bought her. She is TOTALLY different now. IMO different environment/different horse. A lot of people see her as pushy - she wasn't that way at the place we bought her...I think this woman who has yours needs to put more effort into it maybe...? Plus the trainer that said the horse shouldn't have been sold to a beginner - he is maybe seeing a totally different horse than you did...? IMO different owner/different horse.

Anyhoo, I worry that if the woman who has the horse doesn't want the horse, she will not be good to it. On the other hand, I understand being in your position as well.

I have a buy/sell agreement that I signed when I bought mine. It doesn't say anything about being able to return the horse, I don't think, but that language could certainly be added in. Going forward in selling horses maybe, I would suggest just give a two week window - from what I know, most horses will be acclimated to the environment, for the most part, by then and the owner should for sure know if they can handle him/her or not.

If you want, PM me and I can scan and email my buy/sell agreement to you as a sample.

Mary

p.s. I would put a copy of the statute in your state right on your buy/sell agreement. In some states, just posting that indemnifies you...you'd have to check yours...

Finley's Mom
08-29-2006, 11:37 AM
Hi, When I sold Zeus, a handful horse, I sold him "as is"! The people who bought him from me, were told everthing I could think of and they knew him also. But right there in the paper work, just like a car, I wrote "sold as is". I don't know if that helps, but I figured that way they had no recourse! I see these people all the time and they just love Zeus! He is doing a lot better know, but I was very glad to make sure they knew all his bad points as well as his good ones.

lovepaints
08-29-2006, 11:46 AM
I dont know the laws in your state, but in my state, (I work for a law firm) there is nothing she can do, unless there was some sort of contract (which i'm assuming there was not) once the money changed hands it was a done deal......You are correct in thinking that she is trying to bully you. Stand your ground!!

jumpinghorses
08-29-2006, 12:16 PM
Livestock (horses are considered livestock) it is buyer beware just like cars. In 6 months so much training can be undone that no judge would award her anything. She has no recourse. The only time you can demand a buy back is if there is a buy back guarantee in the purchase contract (remember for the future that everything should be in writing) and even then they are usually only a 30 day buy back because beyond that it will be a problem created by the new owner. Tell her, as politely as possible, that when she purchased him he was suitable for a beginner and that any issue that has come up since then is not your problem. You are not liable for any of it. As for your families cows I believe that would have been a case because they were misrepresented as to breed which made them unsuitable for their purpose. What state are you in? Here in CA we have a law firm that specializes in horse cases and gives free consultations, if you are here I would recommend contacting Equine Legal Solutions, if you are in another state I would find a lawyer well versed in horses. You don't want to talk to an attourney that is not well versed in the laws involved.

Penny
08-29-2006, 12:33 PM
On my $1 receipt for Mojo is written "As is, where is". We also did discuss what was expected if she turned out not to be the horse for me.

After 6 months, its definitely HER problem! I can see returning a horse maybe a month into ownership, you would have a very good understanding of the horse's personality by then. Sounds to me like she's bored of him or found out that a horse was actually...dare I say it...work! She's looking to unload him and your the perfect scapegoat because you care about him.

I have no advice to offer, just my take on the situation. Hope you can find something that works for you but also keeps Dill well too.

Piper
08-29-2006, 12:51 PM
When I purchased Dynamite, there was no paperwork involved. The lady loved her and wanted first opportunity to buy her back if I changed my mind. When Dynamite changed locations, she was a completely different horse, however once I had adequately earned her respect and trust, she returned to being the same wonderful girl that I fell in love with.

I guess it depends on what you want from the deal. I can understand not having the money on hand anymore to buy him back, but if you did, would you really want your horse in the hands of someone not willing to put in the time and effort into training him properly?

Barbara
08-29-2006, 01:09 PM
I have to agree, though I don't know what laws govern this sort of thing, buying horses is definately "Buyer Beware". Even if Dill was a "wild horse" when you sold him, it was her responsibility to find that out before paying a cent.

Even very good horses will go downhill if not continually worked and trained, and for a trainer to come out now and say "This is not a beginner's horse" doesn't have any bearing on how he was when you sold him. Maybe he isn't a beginner's horse now, but that wasn't your doing.

My advice at this point would be to see what kinds of laws hold for this sort of thing in your area so you know what your rights and obligations are, before she can start too much trouble. I think you're right for not taking him back and refunding the money. It sounds like she's trying to threaten you into getting her way, which is unfortunate, and I hope it turns out alright in the end.

Tonipony
08-29-2006, 01:10 PM
My husband used to buy and sell a lot of horses. He woud give a 3 day money back guarantee as long as the horse came back in the same condition it left in. Most peope should know by 3 days if the horse is going to work for them or not.
I have sold some that I really liked with a 30 day money back guarantee. But after any reasonable length of time, no one should ask for their money back or try to scare you into buying it back.

Toni

Tonipony
08-29-2006, 01:11 PM
My husband used to buy and sell a lot of horses. He would give a 3 day money back guarantee as long as the horse came back in the same condition it left in. Most people should know by 3 days if the horse is going to work for them or not.
I have sold some that I really liked with a 30 day money back guarantee. But after any reasonable length of time, no one should ask for their money back or try to scare you into buying it back.

Toni

Maryb
08-29-2006, 01:32 PM
In case anybody is bored like me at work and would like to read some caselaw, go here. This case is quite interesting and kinda refers to the statute in Texas and how it was applied to sale of a horse where breech of warranty / negligence comes into play (not directly related to this thread, but since we got to chatting about law - I think it is kinda interesting)...

utopia.utexas.edu/explore/equine/cases/laws/keller

Didn't mean to swipe the thread... :o

PaCe2WN
08-29-2006, 01:33 PM
If this lady is having problems with this horse, then she never should have bought him in the first place.Did she even come out there to try him out??? That was her mistake in taking the horse in the first place...and after six months of having the horse, it's her responsibility. Really, after her having him for six months, there is probably something SHE screwed up with along the way that made him worse. I wouldn't take him back...after half a year, this is her problem, not yours.

Houdini
08-29-2006, 02:25 PM
Hasn't happened to me, but quite honestly, that woman has no recourse to take against you. It has been six months. I have sold two horses and in both cases I had a purchase agreement drawn up to protect the buyer and myself. I also put in that I get first option to take or buy the horse back. The buyer and myself both have signed and dated copies. That woman has to take responsibilty for buying the horse. I'm sure you didn't hog tie her and demand she buy him. It was her choice. Don't sweat over this. If she really wants to sell the horse, then she needs to do it, not you.

scabbitin2004
08-29-2006, 02:54 PM
[QUOTE=PaCe2WN]Did she even come out there to try him out??? [QUOTE]
Yes she did. We even went on a short (about a mile) trail ride with him. I even have gone over to her riding lessons and worked with her a few times when she first got him. Also he stayed at my barn for about a month after she bought him to get her barn ready for him. AND I even took payments from her (I got all of it long ago). If you ask me I bent over backwards to make it possible for her to buy and get him.

ReneeIlse
08-29-2006, 02:57 PM
I agree with everyone else here. I sell a lot of horses, and I buy a few too. Horses are thinking, reacting animals and no one can predict how an animal is going to behave in other circumstances. Plus, you don't know how the horse is being handled, fed, cared for. Many things make up a horse's personality and temperament - not just heredity. Even the type of feed a horse receives can influence his behaviour! And there is a great quote I heard - "A horse is only as good as it's rider", meaning that if the horse is not handled in the correct way, they will revert and become the boss or display bad behaviour that they may not have shown previously.

You can in no way be held responsible, especially after this long of a period and the fact that you were willing to help re-sell the horse. Unfortunately, this whole incident is going to reflect on you though if this person decides to start bad-mouthing you. That is one thing I work particularly hard on - keeping the peace. I try very hard to make sure that each match is a good one, and tell the potential buyers everything I know about the horse they are contemplating. There is no way, though, that I can predict what's going to happen when that horse goes to it's new home. In my Bill of Sale, it does indicate what issues I have found with the horse and that the horse is being sold "as is". If I do agree to a trial period, that is also noted in the bill of sale and the purchaser has an agreed-upon amount of time to decide whether the horse will fit with them or not. Once that period is gone, it's up to the new owners to figure out what they are going to do (but that rarely happens).

scabbitin2004
08-29-2006, 03:02 PM
I am really greatfull you all of you. Its really nice to know that I have a lot of support on my decision. I called and left a message with her stating that I will not be picking the horse up or giving the money back. Also that we did not have any agreement especially a money back agreement and that horses think for them selves and that they respond differently to different people. I hope that was the right thing to do since she wanted me to call her, so I did and answered her questions.

I am by nature a very laid back person who will go out of there way to help a person. If she would not have been so blunt about it I probably would have helped her sell him and worked him some more for her, because that is the kind of a person I am. But when she basically leaves me no option.... well then good-bye nice guy hello mean guy, and trust me it takes a lot to get me hopping mad like I was. (so wound up on sunday eve that I did not fall asleep untill after 1 and was shaking all day on Monday from being so mad)

vsolubo
08-30-2006, 11:40 AM
Can't add anything, just wanted to wish you good luck with the "lady".

setterlover
08-31-2006, 09:08 AM
Yup, Buyer Beware!! If you even take a car off the lot, you can't take it back because it wasn't what you thought it was....they'd laugh you off the lot! It's way different than buying a house; at least with a house these days you have some recourse if they hide something bad about the house. With anything else you purchase, that's it....with dogs, though, it's nice to get a 2 yr guarantee on genetic disorders if they're currently puppies.

She has no grounds to come after you at all, and you did try to make it right. You say your horse is fine for a beginner; she says he's not. AT least he wasn't ready for the purpose she thought she was buying him for...too bad for your horse...he's the loser in all of it, for sure. I'm sorry you're having to go through, this, and I'm sorry for the horse. He doesn't deserve this. :mad:

scabbitin2004
02-26-2009, 10:56 AM
Well, 3 years later,and now I am being taken to small claims court over this horse. Her claims, that I sold her a horse that was kid safe ( I did this because I thought, at that time, he was) and turned out to not be. He never showed me a side of him that would make me think that he was not a child horse unless he was in harness and I sold him as a saddle horse who had been trained for harness. That he refused to be saddled, reared, bucked, and that I agreed to sell the horse for her! Since I still don't have any money because I am working in a new start up business with my parents and income is little to non existent this time of year for us, I am representing myself in court. She, on the other hand, has hired an attorney that is an ambulance chaser, the kind that goes after the stupid suits to make money. This is over $1622.00 dollars! I know that that is a lot of money, but still $1622.00. She has a new house, custom built, paid for, a newer vehicle, paid for and... and has gone through 2 yes 2 other horses since Dill. This all happened in 06. She sold the horse at auction in January of 07 at a weekly horse auction, not even taking him to the auction barns annual saddle horse auction. The hearing is set for next Thursday, March 5th. Whether that will actually be the date of the judgment or just a rescheduling time I am not sure. This is the thing, the judge is not a horse person or remotely connected to livestock. Ohio does have a equine liability law but it doesn't really say in it about the sale of a horse other than a horse is an inherited danger to be around. So somehow I have to make sure that in my testimony that I bring out the point....that a horse is an animal that thinks for itself and can possibly react differently to a new environment than it did in its previous environment. Lets remember the chimp that mauled a women and was killed because it suddenly turned. This chimp was one that was in commercials, lived with the family, yada, yada, yada and was still at its original environment. I bet they never thought that it would turn on them like it did. Also an interesting blurb from Ryan Gingerich, "The Behaviorist"
"Was it the horse, was it someone else or was it the environment which they live in? They wondered if their conflicted horses could ever be fixed, changed, and rehabilitated back to the green zone. Each time I answered with a resounding, YES! No horse is beyond rehabilitation."
Also, I went and rode the horse home from where she was keeping him at, without any problems AFTER he pulled all the stuff that she says he did, and my sister was there to see me, saddle, mount, and take off with him because she drove my car home from the barn. Why is it that all the good people who try and help out get there butts burned?

So a few take home pointers for all. If you are ever selling or buying a horse
-Never use terms or phrases that refer to something like, kid safe, bomb proof ie. Make sure that you clearly state that this is what the horse has presented to you while you had him and you feel comfortable in the horses abilities, but that once you take him off of your land/out of your possession you can in no way be responsible for him because a horse thinks for itself.
-If you feel comfortable have a written agreement at the time of sale. www.horsecontracts.com this is a pay for site but it may save your rear from something like this
-After the horse is sold. If you agree to keep the horse until there place is ready, set a limit on how long and at the same time tell them that any extra days are $____ per day for the horse
-If they contact you about the horse after the sale and say that the horse did such and such or so and so, just look blankly at them, don't show emotion to them, even if it is going to kill you. They can use that against you.
-DO NOT agree to take the horse back to work with them unless you are going to charge them for that and they know how much it is going to be.

Remember, once the horse is out of your possession, it is no longer yours, unless you are leasing it out, this frees you from being responsible for what the horse does. Make sure that the buyer knows and understands this.

For those buying a horse, the above applies to you. Be careful with people how advertise a horse as kid safe or bomb proof. As a friend put it the only kid safe horse she has ever seen in her life is wood and plastic. Ask the hard questions and really watch the expressions the seller uses when answering them. Never, Never be forced into a sale. If you can try the horse out with a money back agreement and really try the horse out. Ride it every day and put it through all the paces to see it's reaction.

These are a few things that I have learned from this. I am NOT a lawyer and I am NOT giving out legal advise. This is from my OWN OPINION.

justbcos
02-26-2009, 11:25 AM
Man, it stinks that you're getting drug through court on a deal like this.

Thanks for the helpful hints - you're right, it pays to be very careful when selling a horse.

lvfreida
02-26-2009, 11:33 AM
Do you have any witnesses that can support your claim that the horse was calm and decent while in your ownership?

The tough things about lawsuits is that anyone can file a suit, even without a reasonable chance of winning.

So sorry you are having to deal with this! I wish you the very best when it goes before the judge!

Hasufel
02-26-2009, 12:31 PM
I recently found out that when I bought Dallas, the owners were in the process of suing the person they bought him from because he was 'unridable'. Odd.... considering a month after I bought him he had a 12year old girl trail riding him regularly. Suing someone is just too easy. Only thing I can suggest to you is to try to find an angle to counter-sue.

justbcos
02-26-2009, 01:40 PM
I suspect some people think that horses are like cars, and that it doesn't matter if you really know how to ride or not, you should just be able to climb on and do any old stupid thing and the horse will miraculously do exactly what you want.

Imagine their surprise when the horse says "hey - what the heck are you doing? i don't understand you - you scare me, no I'm not!"... and so then they sue the previous owners because the horse is unrideable.

MaryS
02-26-2009, 05:19 PM
Write down the timeline from when you sold the horse to when she called you about problems with Dill.


Specifically when everything from negotiations began to the calls you made back--each instance. I like the idea of a witness to the horse being calm when you had him. She will undoubtedly have that trainer's opinion or he will be there to testify. You should have something to show at the time.


I don't think that bringing up that a horse is a thinking creature with a mind of its own will help you out. It may be true, but then it will probably work in her favor. Why? Because, to me, it sounds like a horse trader remark (horse trader being the liars). A judge would either think that is suspicious or the lawyer will bring that remark to the judge's attention calling it suspicious or lying.


I don't know what else to tell you. I hope the judge sees this for what it is and dismisses the claim due to the length of time that she owned the horse. I mean, why wait 6 months to claim the horse was bad? Good Luck! Let us know what happens.

nelson
02-26-2009, 05:27 PM
I am sorry you are going through all of this. When we sell a horse we always tell people that we don't think there is any such thing as bomb proof, because we cannot predict what strange situation a horse could react to.
That being said we also are 100% honest about all behavior (I am sure you were too), and will take back a horse within 30 days. Except one we never wanted back, and told the guy all her bad behavior sold her as is, no refund.

Sounds like you sold the horse in good faith, and 6 mos. is not a reasonable amount of time to take back a horse.

I would tell the Judge that had the people contacted you within a month of a problem you would have considered taking back the horse. Six months is crazy because you don't know what they did in 6 months.

Good luck! I think you are O.K., but I am not an attorney.

Annie

montanahorse
02-26-2009, 10:22 PM
My husband and I had something like this happen to us awhile back. We sold my HQ to a guy that told us he was "experienced" with horses. I had owned this horse for several years and she was ment to be a show horse, so nice in the ring and a total lunatic on the trail. I finally had to admit that she was too much for me (as I love to trail ride and she did not) and needed to find a good home for her to be used as she needed to be. Come to find out the guy bought her for his two "young" girls to ride and they could not handle her. We were very specific on the fact that she needed a very experienced rider and was not ment to be for kids. He has tried to contact us several time and wanted us to buy her back because they could not use her for the kids and she was crazy. My husband told him that we would not be buying her back and that we were very specific on her habits and how she needed to be handled.

In all reality can a seller really be sure that their purchaser (like ours) is really being truthful with us? If I had known the real reason for the purchase of my horse was for children, she would not have been sold that day. I can not feel good about my self if I had let that horse go knowing that a child might get hurt. Not only that but once that horse left my property he could have hit her and really freaked her out among other things. How I treat my horses and how someone else may treat them are two totally different things.

For her to ask you to give you her money back after 6 months is crazy. Once she took possession of that horse, she took FULL responsibility it, including training, riding and selling if need be.

I have a nice contract somewhere around here. Let me know if you want me to look around for it.

Good luck!

denise
02-26-2009, 11:34 PM
If at all possible I would take a horse trainer with you. Preferable someone that knows the horse?

Because the laws in all states are different you may want to see exactly what yours says as to 1. buyer beware law and 2. false advertising because I would assume those will be the two things the lawyer will base his case on.

As for vehicles in some states you can get your money back for a junker! and in at least one state you can not GIVE a car away for free. All states are different and the case won't be settled on what's reasonable but on what the law states.

Good luck on the 5th!:D

vsolubo
02-28-2009, 10:29 AM
If she is sueing in small claims court, than she can not have an attorney representing her in court; he/she can advise before court, but can not actually be in the court room advising her (as a lawyer). They can come in as witnesses, but can't actually act as a lawyer. If they are actually representing her in court, it is not small claims & you also need a lawyer. You need to talk to 1 fast!

You need to find several equine professionals; as many as possible who actually knows this horse, to come in as witnesses to attest to how a person handles a horse can change a horse's behavior/training & how the horse behaved AT THE TIME THE HORSE WAS BOUGHT by her. And if you know anyone who can attest to the fact that she has bought several horses after yours & lost control of all of them, than ask them to come in & be your witness!

Ellie
02-28-2009, 12:22 PM
I can not believe that it is really happening. Around here, a case like this would be thrown out of the court, and that is if you ever found a lawyer to represent the buyer. In the horse world in these parts it's "Buy at your own risk".

Let usk now how the hearing goes. Maybe the judge will throw it out.

-- Ellie

cols
02-28-2009, 02:46 PM
Good grief.
That's all I can say.
:rolleyes:

scabbitin2004
02-28-2009, 06:16 PM
Thanks Guys and Gals.
It is small claims and in Ohio you are allowed to have representation. I know that is really screwy but there is not much I can do about that. From the comments, having someone there is what I was going to do. So the other day I stopped in at the barn where she rode the horse on her pre purchase ride. The trainer that works out there was there that night. I was going to ask her to come but when I walk into the arena she said
"I got a call the other night"
Me - "Oh from who?"
"Someone about your case a lawyer asking me questions and is having me come to the trial"
"Well it's not my lawyer as I am representing myself" (lack of funds to hire the attorney that the family uses and it's small claims)

So it all worked out. She will be there and not because I asked her or requested her to. Could work out in my favor. I have wrote everything down that I could remember about the whole transaction. And like so many others, if I had know that he was going to hurt someone then I would not have sold him in the first place, but how am I to know if he never did anything like that to me?

I will post as soon as I can on Thursday what happened. I am not even sure if we will get anywhere because there are 6 other things scheduled for that hour.

Thanks again for all the advice and especially your prayers. This has been very mentally and emotionally challenging on me.


B

denise
03-01-2009, 12:06 AM
We were sued once here in WY and the other side didn't even show up, he sent his lawyer instead! When the judge asked where the plaintiff was he told the lawyer that we had the right to face the plaintiff IN COURT! and dismissed the case in our favor.
We had a pressure washer business and it was a $$ dispute. It only went that far because my DH told him to get out of the truck and put his dukes up...handle it like a real man. :D

vsolubo
03-02-2009, 10:29 AM
In court make sure you do not interrupt the plaintiff or judge; jot down notes while they are talking & than when they are through offer your rebuttal. Nothing will turn a judge against you faster than interrupting the opposing side. Dress & act like a professional; looks & actions are important in a trial. When you are talking look directly at the judge; not at the plaintiff or the desk & stand while you are in front of the judge (unless desks & chairs are provided & everyone sits). In most small claims courts you stand behind a podium.

Do not ask any questions or make any statements that can be twisted around & make sure you answer all questions completely truthfully. Get caught in 1 misrepresentation of the horse & the judge will stop believing anything you say.

If you catch the plaintiff in a lie; jot down what is said & address it immediately after she speaks. The judge, more than likely, will let you rebut anything she says. If you must interrupt, be sure to raise your hand & ask permission to address what is said. Never call her a liar or say she is lying… instead ask the judge “May I address the court on what was just said?”. He/she will probably tell you to wait until the other side is through, fight the urge to argue & thank the judge.

The more professional you are; hopefully, the less professional the plaintiff will be. If you can control your actions while egging her into an argument the better you will look. (egg gently so you don’t look like you are trying to get into a fight with her-she needs to look like she is getting into a fight with you ;) ).

Ellie
03-02-2009, 11:24 AM
Yeah, yeah - what Vsolubo said! She's putting it much better than I could!

-- Ellie

dueces_r_wild2002
03-02-2009, 05:44 PM
Glad to see you posting Brian but sorry it had to be a bad update for your return. Good luck on Thursday. VSolubo gave some great advice..it is so hard to stay calm...remember to breathe!

Now, once this is said and done get us a report and then stop back and tell us what else is going on with you and your horses. Haven't seen you round in a while..


Sue

scabbitin2004
03-05-2009, 11:09 AM
The judgment went in my favor. The judge said, how can I know if a horse is "evil" if I have never experienced it before. I am paraphrasing what the judge said, but that's the gist.

Thank You again for all of your prayers and support.

B

justbcos
03-05-2009, 11:24 AM
That's such good news!!! I'm really glad that the judge had the insight to see that.

Congratulations on winning your case!

kim26
03-05-2009, 12:02 PM
That's wonderful news. Praise God, indeed! :)

Cathy
03-05-2009, 01:07 PM
That's great news!!! Congrats!!!

Just Me
03-05-2009, 04:41 PM
Oh good!!! I've been waiting to see how this would turn out. I'm so happy for you.

scabbitin2004
03-05-2009, 05:37 PM
One thing,
The thing that the plaintiffs side harped on the most was drugging the horse. Because there was doubt that a horse could change so drastically overnight. they based this upon that I live on a farm. We have a little of everything and yes we do have medicine on the farm for the CATTLE. That really upset my father along with my mother, who was there to support me, because they tried to make the family out like this drug happy user who just injects like it's nothing at all. Umm, I don't believe in interfering with a horses thinking ability when training them because I want the horse to remember what they were taught.

So anywho, before I get all to bent out of shape over it. I am thankful for the way it turned out and that is all I have to say about that.

B

denise
03-05-2009, 08:33 PM
Glad things went in your favor, I'm so sorry the horse ever ended up in their possession though. He should have gone to someone that worked with him and not an idiot.

Ellie
03-05-2009, 09:12 PM
I am so glad the judgement was in your favor. I'm relieved that it's over - I'm surprised at how much I thought about you and your case in the last week. :eek:

The judge was good not to just take whatever they said about you drugging the horse. How lame!

Congratulations. :)

-- Ellie

Phorselover
03-06-2009, 06:12 AM
So very glad that it worked in your favor! Hopefully we will see more of you!

Congrats!

vsolubo
03-06-2009, 06:25 AM
Congrats! Hopefully this will make the buyers think about buying horses in the future. ;)