I need help to rescue ...

[KatieEq]

OK, what you are about to read may be complicated. I'm not sure what type of help I actually need. Legal? Volunteers? Anyway, see what you think & please give me any suggestions you might have!

In 2002, I sold my 4-year-old Hackney pony mare, Heartland Sweet Revenge, to a girl in our barn as her first horse. She bought the mare for $1,000. I had acquired the mare as a weanling from Darrel Kolkman & had broken her to ride & drive.

Fast forward to now. My trainer retired after I aged out & being diagnosed with breast cancer. She moved to Paducah where she kept some of her horses & Sweetie. When she & the girl got into a fight about payment (the family had not paid in several months), my trainer told the girl to move Sweetie. The last I heard, Sweetie is standing in a field where she has been since 2003. There is a possibility that she has foundered, but I cannot confirm this as I have not seen the mare since I parted with her in 2002.

Now I am more than willing to buy Sweetie back for $1,000 though I doubt I could sell her for that much & have no clue how she is doing health wise. The only problem is that my former trainer cannot speak with the girl because of their falling out. If I were to approach the girl about buying Sweetie, she would demand more money because the mother thinks she can sell her for more because of her bloodlines.

So what do I do? The current owners never did send the papers in to register Sweetie in their name, so on paper I still own her. I have thought about contacting the place where Sweetie is currently stabled as the family has also not paid this person as well. Legally, who owns the mare then? Me? The girl? Or the person who has not received payment for board? If it is the girl or the barn owner, is there anyone in the Western KY/Southern Indiana/North-West TN area that would be willing to make an enquiry into the mare if I gave them the contact information? I'm afraid that if I approach the family, they will demand more money or flat out refuse to sell Sweetie back to me. My former trainer & I have discussed finding someone to liaise (sp?) for me. I just need someone to talk to these people & then give them the money so I can get the mare out of there & into a safe place.

If I can get Sweetie back, she will have a home for life. The only reason I sold her was because I moved to Lexington for college & couldn't take her or afford to pay for board.

So what are my rights? Do I have any? Is there anything I can do to get her back?? Help!

[Silly Filly]

I don't think you have any rights to the pony. However, the barn owner could put a lien on the pony to collect the money owed to them. You could then buy the pony from the barn owner.

[Nealia]

I think you should call the owners of the pony and tell them that you are now able to retire the pony and that you would like to do so for sentimental reasons. I would not start out by playing games. They know you use to own and love the pony so it makes perfect sense for you to want to buy her. If you have someone else try and buy her it could look as if she is worth more money, if a total stranger is trying to buy her.

Remember you catch more flies with honey than vinegar.

[ASB Stars]

If the people that you sold the pony to have not paid the board on the pony, the owner of the boarding stable has an "agister's" or "stablemen's" lien on the pony. Talking to the current owners will not remove that issue.

I would talk to the person who is boarding the pony, explain your interest, and determine what board is currently owed on the pony. It is possible that, given current market conditions, you can reach an accomodation with the owner of the barn. Let's face it, unless they believe that pony is worth her weight in gold, any cash you wave at them is better than their current situation.

Depending on the state, there are specific conditions under which they can sell the pony- usually after advertising the sale in a newspaper twice, following notifying the owner of the amount of their bill, in writing, in a verifiable fashion. However, each state is different, and it would be good to investigate the statute for KY.

If you can satisfy the lien, and you have the papers, you have the best possible situation, legally. It is unfortunate that the person who bought the pony is in such dire straights, but more important that you get the pony back, and guarantee her future.

Good luck!!

[KatieEq]

I think you should call the owners of the pony and tell them that you are now able to retire the pony and that you would like to do so for sentimental reasons. I would not start out by playing games. They know you use to own and love the pony so it makes perfect sense for you to want to buy her. If you have someone else try and buy her it could look as if she is worth more money, if a total stranger is trying to buy her.

Remember you catch more flies with honey than vinegar.

We tried that last year when I first learned of the situation. The family demanded $5,000 if I wanted to buy Sweetie back, which she is most definitely not worth as she is "wild as a March hare" having been turned out for years & had no real human contact. This family is not your typical family - there are issues on all levels. The daughter recently had a baby, so I am hoping that maybe I could convince them to sell so they could use the money for the baby. But she may want to keep Sweetie for her daughter to use when she's older, which of course means at least 3 years of Sweetie being in a field.

[mlinky]

Katie,

You accepted payment, so you do not own the pony. The boarding barn does not own the pony, although they may be able to file an agisters lien, but that requires taking certain legal steps and then instituting a sheriff's sale.

Your best bet is to talk to the boarding facility and see if the pony's owners are willing to give up the pony in lieu of the back board bills. Then you can buy from them.