Consumer Law, Warranties Breech of contract

[snmnstrs]

I have a written and signed contract to board a horse on my property. The boarding fee is for daily feeding and watering, with the food being at the owners expense. Today, after making statements about non-payment, he parked at the end of my driveway and walked up and broke into my pasture and took the horse. I called the police and they told me it was a civil matter, so I am going tomorrow to file at the JPs office. But....since my contract states that the horse is mine if he doesn't pay, isn't it my property he has stolen? Now I have no idea where he has taken him, and I'll probably never see him again. Not to mention, that I still haven't been paid. Both me and my husband were home at the time, but since he parked at the end of our driveway, which is pretty long, we didn't hear anything and didn't notice him taking the horse. Now I have no collateral, and although it states in the contract that he is responsible for court fees plus a $250 fee to me, what is it that I can do if he refuses to pay me?

 

[jharris352]

Sue him first, get a judgment. It shouldn't be hard as long as you can get him served. After the judgment you can do interrogatories (written questions) or bring him back into court for questioning about his assets, jobs, the location of the horse etc. Then you use garnishing and attaching orders to seize those things to pay the debt. He will likely cave long before that.

 

[snmnstrs]

Thanks

I sent him a letter that stated he could pay me, or he could pay a lot more by going to court and he was responsible for the fees per the contract. I guess he freaked out, and I had a check hand delivered the very next day, plus a $50 breach of contract fee. I think it worked so fast because he works for a jail and he may have lost his job if a judgement was placed. I appreciate your help...I would have done that if he hadn't have responded so quickly.