EQUUS

FAST TIPS FOR A CIVIL CASE

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“The best time for a lawyer to give advice is before the horse is involved in a civil situation,” says equine attorney R.L. Adams, of Chapel Hill, North Carolina. He offers these basic rules to help you in case you are ever involved in a civil case:

• There is no such thing as too much documentat­ion. Have an attorney prepare contracts.

• Exercise suspicion toward those you become involved with in deals. Many people will ignore their gut intuition. Learn to listen to it.

• The best way to prove ownership is with some form of permanent equine identifica­tion, such as a registered microchip, freeze brand, tattoo, etc.

• Other paperwork such as breed registrati­on, bill of sale, veterinary records, farrier records, Coggins papers and health certificat­es are helpful to have on hand.

• When talking to law enforcemen­t, be calm. The officer is trying to help you. Don’t make his job harder.

First, you will need to hire an attorney. Seek one who specialize­s in equine law and is familiar with the industry practices. Just because someone is an attorney and owns or rides a horse, that doesn’t make him qualified to handle your equine legal case.

When you, the plaintiff, file a complaint, the defendant is served with a warrant. The sheriff’s department or a process server can be utilized. Your attorney should know the laws to make sure the correct procedure is followed. Once the defendant is served they will file their answer to your complaint or possibly file a motion to dismiss the lawsuit. Remember, the opposing counsel’s job is to dispute your claims.

After the answer is filed, the discovery process begins. During this phase, representa­tives from both sides gather evidence to support their respective claims, and facts may be exposed that will weaken one or both parties’ arguments. While not a guarantee, the

When you sue the perpetrato­r in a civil court you must present enough evidence to convince a judge and/or jury that you’ve been wronged. This can be a long, expensive process.

parties can agree to a settlement during a lawsuit at any time, even during trial, if it gets to that point.

At any point during the suit, the parties can agree to submit their case to alternativ­e dispute resolution (ADR), which refers to any form of meeting with a third party, such as a mediator, to come to an agreement without going to trial. In fact, some courts may require cases to go to ADR before trial, although in others it’s voluntary. One option for ADR is arbitratio­n---which is like a simplified version of a trial in which the plaintiff and defendant present their evidence before a panel of arbitrator­s, who will hear the evidence and issue a decision. A binding decision is final. If the decision is nonbinding, then either party has a specified length of time to appeal and take the case to trial. Typically, the process is faster and somewhat less expensive than formal litigation.

Another type of ADR is mediation, in which both parties meet with a mediator to negotiate a resolution to the dispute that both parties can agree to. If mediation is successful the parties will sign a legally enforceabl­e mediation agreement. If mediation fails the parties can take their dispute to trial.

If the case comes to trial, a judge and/or jury will examine the evidence and hear each party’s arguments and then issue a judgment. If unhappy with the decision, the losing party may appeal---a process that takes the dispute to another court. But even the “winner” can come out of the courtroom feeling like a loser--if awarded a monetary judgment, it can be extremely difficult to collect.

So why go through all of this? I’ve often heard it said that by the time you have gone through the civil court process you will probably swear you will never do it again. But the truth is that most people never get that far because of the amount of money it costs to take the defendant to court. Often, it becomes clear that you are not the defendant’s first victim, and you won’t be their last. You may be fighting someone who is skilled at manipulati­ng the laws, and your efforts may prove futile.

“Bad things happen to very savvy people sometimes, but more often than not the victims of horse theft or misappropr­iation are good, trusting folks who would never do something like steal a horse and so they don’t expect it to be done to them,” says Dottie Burch, an equine attorney in Raleigh, North Carolina. While she acknowledg­es it’s an individual decision, she adds, “more times than not I discourage people from pursuing civil actions because of the expense, the time commitment, the emotional toll and the uncertaint­y of a positive outcome.”

HOW YOU CAN PROTECT YOURSELF

Going to court over a missing horse is the last thing you ever want to do. So it makes sense to take measures now to help avoid that possibilit­y. Your goals at this point are twofold: first, to have documentat­ion at hand that proves that you own a particular horse. You can’t just say, “That’s my horse,” and expect him to be handed over to you in a dispute. Second, you need to take steps, in writing, to protect your interests when it comes to all transactio­ns with your horse. Here’s what to do:

• Have ready access to proof of ownership. Only one document truly proves your ownership of a horse: a bill of sale. This document contains, at a minimum, informatio­n on the buyer and seller, a descriptio­n of the horse including any identifyin­g marks, registrati­on numbers, purchase price, terms, and signatures of the buyer and seller. Keep this someplace safe where you can find it quickly in an emergency---time can be critical if you become a victim. Other documents, such as

registrati­on, associatio­n

no matter what it took.”

Her only recourse was to sue the buyer of her Arabian and Quarter Horse cross in small-claims court. She returned to North Carolina for the proceeding­s armed with documentat­ion proving she was the horses’ owner. The court awarded Black both horses in late 2013. Left without a choice, the horses’ buyer reluctantl­y gave the geldings back. They were immediatel­y moved to another boarding facility, examined by a veterinari­an and later shipped to North Dakota. Even though it was only smallclaim­s court, the ordeal cost Black thousands of dollars, not to mention the emotional stress.

On the other hand, the woman who sold Black’s beloved horses never suffered any consequenc­es for her actions, either criminally or civilly.

What advice does Black offer? “Be sure to have all of your paperwork, lots of pictures and even microchip your horses to prove they are yours if this happens. If you need to have someone board them for you, the best thing I could say is check everything before leaving your babies.”

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 ??  ?? ODYSSEY: Shatan and Sony are now safely home. Their owner advises others to “be sure you have all of your paperwork, lots of pictures and even microchip your horses to prove they are yours.”
ODYSSEY: Shatan and Sony are now safely home. Their owner advises others to “be sure you have all of your paperwork, lots of pictures and even microchip your horses to prove they are yours.”

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