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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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My name is ***** ***** my wife and I have a interesting

Customer Question

Hello my name is ***** ***** my wife and I have a interesting problem. In April of last year, she leased her t. b. mare to a man in Virginia. We are from Idaho Falls, Idaho, and we had the lease written up by a lawyer here. It basically states that he would ship the mare to a breeding facility of his choose, he is responsible for all expenses, shipping, breeding, mare care, and foal care, also shipping mare back to Idaho. When he sells the foal at auction, we would get $5000.00 if sold as weanling, or $10000.00 if sold as a yearling. The mare was due to foal in April of 2015. As of April 18 2015, we have not been able to contact him, we found out where the mare was kept, and tried to contact them via e-mail and by phone. We finally got a hold of the barn manager in New York state, and she said that the man leasing had gotten sick around Dec. and has not paid his board in 2 or 3 months, and that the horse had a colt, but they had a lien against it for non payment. They were not forth coming with any information about the amount of the back payment. They finally told us that it was $19,000.00. I am not sure about boarding a mare in New York state, but we recently boarded a mare and foal in Idaho, and it was about 425.00 a month, at a Vet. The mare was bred to Noble Causeway, and shortly after he died, so our mare was the last, or one of the last to have a foal by Noble Causeway, so we are thinking the foals price went up. My wife contacted them a day or so ago, and they said that the foal was there's because of the lien, and it would cost us $19,000.00 to get our mare back, plus shipping expense. My wife also contacted the jockey club in Kentucky, and they verbally told her that they cannot register the foal without the proper paperwork from the mares owner, and she is the owner on record for the jockey club, we have not received the actual paperwork confirming that yet, but the colt has not been registered as of yet. We do not have, or ever had, a verbal, or contractual, agreement with the facility in New York. We have paperwork for breech of contract with the man who leased our mare, but have had absolutely no luck in contacting him. What would be our options? can we legally have the mare and foal picked up? They seem to be holding the mare and foal hostage.
any advise would be helpful.
Sincerely,
Steve
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
For the amount of money you are talking about, you need to hire a NY Attorney promptly.You have a property interest in your mare, and you can recover her from the facility. You have an equitable interest in the colt, and you may be able to recover the colt and sell the animal at auction under the terms of your contract through an escrow or receivership (holding the money for the other party to your contract in trust, minus the money paid to the barn for board and care) in order to get your animal out of this matter.However, you cannot do any of this without a court order.While you could probably do some of this yourself, it is going to be a lot of legal work that needs to happen very quickly (hard to self educate fast enough to stay on top of this, plus you have to establish a trust or escrow for the other party, which is going to require a licensed attorney in any event, and you are on the other side of the country).You can find New York Attorneys local to the facility where your horse is boarded using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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