The New Journey.............. Replevin part 2

Part One

I don't remember what the attorney said next. Whatever it was it wasn't accurate and I interjected my truth again. The judge cut me off saying there was no point in arguing this here, that's what a trial was for. With a gap like this obviously a trial is what it was going to take to get this matter resolved. The only thing left to do at this hearing was to determine who would have possession of the horse until the final outcome was determined.

Things definitely got confused for me here. I wanted my horse at home with me because I didn't trust BG or WF. I had been told by MG and GD, Storm hadn't been worked since January when they first realized they might not get to keep him. After weeks of standing in his stall, GD had asked permission to long line the horse and had received it. Yet in the papers and now in court, they were claiming the horse was in training and it was imperative he stay with them because anymore disruptions for their plans for him would only cause more harm.

I wanted to puke in disgust at the lies. I had to make a conscious effort to not let that disgust show on my face because it would look disrespectful and I didn't want to alienate the judge. I already knew from my previous experience in court that how a witness presents speaks volumes in how their motives are perceived and while I get disgusted at what they have tried to pull on me, all I want is what I am entitled to which is more than can be said for them.

I had already screwed up with the judge by once addressing him as "sir" instead of "your honor" and his reaction had been instantaneous. I had, however, caught my mistake as it tumbled from my lips and corrected it making eye contact with the judge to let him know I was very very sorry.......and very embarrassed. Still I didn't want to be making any more mistakes if I could help it.

I could tell I was already at a disadvantage in his eyes because of my pro se status. I had to do what I could to show him he didn't need to have cause for concern. I wanted him to know I respected the court, the process and him and that truth was all I was seeking.

There was no room for those kinds of feelings about BG and WF. The truth can get lost when anger and contempt are wrapped around it. People get focused on those emotions and begin to question motives thus losing sight of the real issue. This needed to be about the facts and how those affected my business and my dream.

In the paperwork with the counter claim there was some argument about the value of the bond I was expected to procure if the horse was returned to me while the case was in process. I'd sought and won from the pre tem judge a reduction in the value of that bond from the original purchase price to about a tenth of his value. Now BG's attorney wanted the original purchase price of the horse used instead.

My original argument had been the horse was no longer worth that price because of the failing economy and the fact the horse still had no show record. I was even prepared with documentation from professionals saying as much should I need it. Little did I know Storm had been subjected to such poor training that his value would have been destroyed even in a good market but then that would have been a different argument and one hard to prove at this point. Still the falling market had left even horses with national championships unable to sell for the price Storm had been purchased for. The real issue was being able to even procure a bond for that kind of money in this market.

There really was no point in arguing value and the amount of the bond until the decision about who would have control of the horse during the lawsuit was determined. I tried to argue that the horse was safer with me but all the judge could see was the horse had been with BG and WF this long "a few more months won't hurt."

That's where that "I am not a horse person message" really hit home to me. I just was not prepared for that brick wall that came from having no experience but lots of false perceptions. While I certainly could have addressed his beliefs had I been prepared for them, I hadn't even thought about the possibilities. With no argument from me that the judge could understand with his layman's knowledge of horses, I had no chance.

The judge let BG and WF retain possession of the horse while the lawsuit progressed. Because of that, I wouldn't be required to post a bond. While I didn't want the horse staying with them, the price of a $30,000 bond would have been very difficult for me and that was providing I could actually even get such a bond.

As I'd searched to get one, I'd come across lots of resistance. People selling bonds on horses knew what the current market was like, I was going to have to pay a premium to procure such a bond. Because of that, I could live with this decision although I was going to worry about my horse throughout this process.

The judge told the defense attorney that he was counting on her to keep things moving along in this action. That was an inference to me being pro se and not knowing what I was doing. That statement stuck with me and I remember thinking at the time, I needed to be sure that wasn't necessary. I figured if she was the one moving things along, I'd have missed something important I should be doing. This case wasn't going to withstand that. I needed to be sure I understood what came next.

BG's attorney had paperwork all prepared with an order for the judge to sign. My motion for a replevin on the horse was denied "provided that defendants shall not transfer or sell the horse or remove the horse from Pierce County during the pending of this suit."

I did try to get the judge to add in that they could not geld the horse but he wouldn't do that either. I did find out later that the original order to "not lay waste" would still apply so if they did anything to Storm I still had recourse. It was a frustrating experience but worth every minute of it to see the wind knocked out of BG's puffed up chest. I may not have gotten my horse back on that day but I had not lost the war.

To be continued......................

A Little Research

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