Monday, February 28, 2011

The New Journey........... the Replevin Hearing .......




Part One

I can tell you that day in court was a tough day. While I did debate in high school, it's just not the same thing as going to court as your own attorney. Of course, I have seen hearings on tv but they don't show you how things get started there. What you usually see is the hearing already in progress. All those attorneys and clients waiting. Who's here, who's not? What order they're going to proceed. I was lost.

I had no idea what to expect of the process. I knew court etiquette but didn't understand what I was supposed to do there as my attorney. Paperwork was one thing but hearings something totally different.

It was the order of things that confused me most. I'd said everything in my paperwork, did I say it again? Would they tell me when I should talk or was I supposed to know? All these things were running through my mind as well as keeping track of what was going on between BG and his attorney. I didn't want to miss anything there.

I had what I wanted to say written down on paper but didn't see where getting that into the record fit so totally missed that opportunity. It was not pretty.

BG on the other hand came strutting in all dressed up with his beautiful young daughter on his arm trying to look like an upstanding citizen. His chest was so inflated like a rooster ready to crow that even Dave, who is normally oblivious to such things, couldn't help but notice. BG thought this was going to be simple, as did his attorney and he was feeling pretty proud of himself.

WF was not there but then neither of them were required to be. This was just a hearing and not a trial. It could be done without either of them present. Only their attorney needed to be there.

I can remember as they escorted us to the table we belonged at as plaintiff's my stomach was doing flip flops and my head started to spin. For a brief moment I thought I was going to pass out and then I remembered I needed to breathe. I thought how odd that riding in big classes and even at nationals didn't even cause me to hold my breathe and here I was turning red over talking to a judge.

Breathing was good and it did stop my head from spinning but I needed to be careful I didn't go the other direction and hyper ventilate, I was that scared. I remember I hadn't been that frightened doing debate or even some of the public speaking I have done as an adult. This court thing really had me going.

I was glad that my friend, Wendy, had taken time off work to be there for me. If I got feeling too crazy with fear, I could turn around and see Wendy sitting there and know I was ok. I also knew that Wendy would be another set of eyes and ears for things I might miss. She was a real comfort to me.

We were asked to raise our hands so we could be sworn in and so was BG. Anything we said would be considered testimony. My mouth was so dry my lips were sticking to my teeth. I had to free my lips before I could speak and that wasn't easy. My tongue was as dry as my teeth, and thick too, so as I tried to push my lips off my teeth my tongue just stuck to the whole mess. I was trying to figure out how I could politely use my hand to pry myself free when all of a sudden something gave and my lips sprang open so I could talk. Believe me it did not get better as time when on.

There sat Dave looking at me like I was some kind of legal whiz kid and I was really hoping I didn't wet my pants. I knew this whole thing was dependant upon me. I needed to pull myself together if I wanted to keep this action moving the way it should.

I knew part of my fear had to do with rules. I have lived my whole life by them. They are important to me. I have used them as a means to know how to navigate my life. I've always figured as long as I lived within the rules I wouldn't find myself in trouble or have people mad at me so I have always stuck them them, even when it's not been easy sometimes. Not knowing what was expected had me in a panic. I was so afraid I might do something wrong, I was frozen.

I had to remind myself they were going to give me some room to make mistakes because I was representing myself. I had already seen small examples of that. If I spoke out of turn they would tell me, not kill me. It would be ok.

If I heard something I didn't agree with I needed to say so instead of wait my turn. Being polite in that kind of context would not be good. If I spoke out of turn at least they would know I had something to say so that should assure I would be given the opportunity to say what I needed. I took another deep breath and tried to focus on what was at hand instead of worrying about making a fool out of myself.

Looking back I can see I should have made an opening argument. Something that said, "Your honor, we entered in a contract to exchange work for this horse. The work has not been done and I want my horse back." I didn't need to be eloquent, just factual but I said nothing.

Next thing you know, BG's attorney is talking and I don't remember exactly what she was saying but I do remember when she mentioned there was only one reason for BG and WF to have those papers, I surprised myself by jumping in, "That's not true. It's a standard practice in the industry for paperwork to be transferred before the terms of a contract are meet so that a horse can be shown in amateur owner classes." Then I proceeded to tell the judge the man had not done enough work to pay for the horse.

I could see the surprised look on BG's attorney's face as she processed my references to the paperwork . I could also see the look she gave to her client and I think she asked him some question right then and there. My guess from the expression on her face was "What is this about?" or something comparable. She was clearly upset.

The woman was caught off guard and she didn't have a clue yet how far off she was from the particulars in this case. She wasn't going to get that information for some time, I figured. Actually I counted on that. Her being in the dark about her case gave me power. For the first time, I relaxed just a bit knowing I had just dropped a bomb on their case.

It didn't take long for the judge to realize there was more to this case that meets the eye. BG's attorney was talking about a dispute about board and I was busily shaking me head this was not just about board. The judge could tell there was more to it. He asked how much work BG said was done and they threw out that ridiculous mearly $38,000. Then he asked me how much I said was done to which I responded I was not absolutely certain but I thought around $10,000. Then he asked how much money board was per month. When the answer came back at $325 (which in actuality is board for a stall in the barn, not the amount he charges clients for having a horse in a pen.) the judge just shook his head, then uttered "This is a far cry from board."

BG's attorney gave her client another one of those looks and I could see the light was beginning to dawn. She muttered something else to him that I couldn't quite hear. Whatever it was, the big puffed up chest of BG's was suddenly deflated and the color drained out of his face. His height dropped at least an inch or two sitting there in his chair.

The confidence BG had entered the court room with was now gone. Mine was growing just a bit. Although I was smart enough to know that I was a long way from winning this case and I was still ill equipped for that journey.

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

Part 2

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Sunday, February 27, 2011

A New Journey............. A Little Theory



Part One

I had a theory about BG and WF's intentions. By now I believed they wanted to get the horse for nothing, or practically nothing anyway. Either it had turned out to be more work than BG had planned or he had put as much into it as he was willing or maybe even a little of both. Either way he didn't want to give up keeping Storm and he figured he didn't have to. Certainly he figured he done enough work he "should" get the horse even if it wasn't the amount he'd agreed to do. When the numbers didn't add up, he concocted numbers thinking he could get away with it.

Because he was offended that I had questioned him about paying the horse off, BG was certainly willing to go to a lawyer. I had no doubt about that. What I doubted was where WF stood in all of this. Everything I had seen suggested WF got what she wanted regardless of what BG thought, felt or needed. If it wasn't important to her personally, it wasn't going to happen. I figured WF wanted the horse but not if it was going to really cost them.

Since that was my belief, I suspected that WF would go along with BG as long as it didn't really cost them anymore than she was prepared to spend. They had probably figured I would be intimidated by the letter from their attorney and that I would just give up because they certainly knew I couldn't afford to retain one myself.

The initial dollars to retain their lawyer had probably not been substantial because the attorney believed the case was cut and dried. The attorney didn't expect to be conducting a court case. Based on what BG and WF had told her, that is how it looked. WF had probably figured it wasn't worth fighting with BG over that amount so she went along with it thinking maybe it would work for them.

Once the case went beyond being a simple black and white thing, the amount of money required was going up but still I suspected that was ok with WF as long as it didn't go up much. As long as the attorney still had no idea of the scope of the case, she would still believe it wasn't going to cost them "that much." It still evidently was within the scope of the amount involved to keep BG happy and within WF's comfort zone so the case had continued.

I suspect they believed they could influence the court the same way they had influenced their attorney. She had been easy to convince that I didn't have a leg to stand on, but then they had not shared everything they knew about the case. They had only shared what they wanted her to know and she'd made her decision based upon that.

I believe they are so used to/comfortable with manipulating the facts to fit their version of things they saw nothing wrong with this approach. It just didn't occur to them that anyone would listen to what I had to say or that it was even important. Had they thought otherwise they would have provided that information to their attorney in the first place. Instead they left her crippled with their distorted version of things. Yet, they believed that was more than adequate and that it would work for them.

If their attorney said it was an easy case even though she had made that call based on misinformation, that meant nothing to them. What mattered what that she had said what they wanted to hear. Then that's what it would be because they were, after all entitled. An easy case meant an easy win and they would have the horse without having to do what they had promised me. What they hadn't counted on was my determination and the fact the court would be prepared for another side to the story and it would expect to give that side a voice as well.

WF might have been prepared to indulge BG some but not enough to interfere with her lifestyle in anyway. Obviously the costs quoted to get the job done were still within that realm. However, I knew the devil was in the details and this case was loaded with them. That was going to affect the case and its costs in a manner that I believed would be beyond what WF would be willing to pay.

I also knew that appearances play a big part in how WF navigates the world. She believes the way to maintain them is to fly under the radar as much as possible and to not make waves. I thought if I could regain possession of the horse in the replevin action, even if there was still a dispute to be settled, the case itself would become more expensive than WF was willing to pay in more ways that just money.

If the court returned the horse to me, even if there was still a court case to be resolved, it would put the spotlight on them. I believed that WF wouldn't like having that kind of attention on her because it could raise questions and might even change people's perceptions of them. I figured that would up the ante for what this case would cost WF.

Because of that I really hoped I'd be able to get possession of the horse at the hearing that was coming up. That had been the whole purpose of requesting an order of replevin. It was imperative to me to put that additional pressure on them because it would alter WF's comfort zone. I knew that could change how she much she was willing to accommodate BG and hopefully speed up this case..

Still I worked at this it like I was going to trial. I knew enough about the process to know that, if the replevin was not successful or if WF didn't respond to it as I expected if it was granted, I would have to provide all my evidence to the opposing counsel and doing that was going to take some time. I figured it wouldn't be until we reached that point that their attorney would really understand the scope of this action and her clients would learn it was going to cost them more than they'd originally expected. Then the most important pressure would be applied. That would be when WF perceived her pocketbook was taking a bigger hit than she was prepared to take.

The odds were that additional pressure probably wasn't going to happen until their attorney saw what my cards were. In the meantime I hoped I would be granted a return of the horse to my custody while the case continued. I knew if that didn't happen, we were probably in this for the long haul and I was really hoping to avoid that.

I believed strongly, right from the beginning of my time with BG, this had been about getting the horse for as little as possible. WF and BG wouldn't pay what the horse was worth to an attorney or to me. It was about getting the horse without cash outlay of any kind and no more effort than necessary. Once the cost incurred for a lawyer pushed beyond that amount WF was willing to incur, I suspected this thing would be over.

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

The Replevin Hearing........

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Saturday, February 26, 2011

The New Journey...........The Counter Claim..........




Part One

The following week I received a letter from their attorney stating she was legal representation for BG and WF in this case, 706500. As far as I knew the next thing to happen would be the actual hearing which was scheduled for 1:30 PM June 24 in courtroom 101 at the Pierce County District Court.

Then just a couple days before the hearing I received paperwork of the Counterclaim filed by the defendants. In that paperwork was a sworn declaration made by BG claiming his version of how he had fulfilled the terms of our contract. Now, not only had BG lied to me and Dave, he had perjured himself in documents filed with the court.

I also thought it was interesting he claimed to have provided me with what he called a "detailed itemization of the services provided.' I couldn't help but wonder if the court would see that accounting sheet as inadequate in regard to detail as I did. I saw this claim as just another exaggeration showing how inflated BG's statements about what he does can be. Talk about a perfect example to show the court. All I needed to do was show the court why the detail was inadequate. Considering the number of horses worked and the number of days involved, I didn't think that would be too hard. I was pleased.

The attorney responded on behalf of the defendants to my charges with an affirmative defense and some challenges to my paperwork. According to her version of things my claims were barred under the doctrines of estoppel and/or waiver and also stated that allowing me to regain possession of my horse would be unjust enrichment. In addition they were seeking damages for the harm I had caused their business as well as legal fees.

The first thing I did was look up those legal terms to to see exactly what they meant in terms of my case. That was my first experience with seeing how the law can be manipulated to support a lie.

Imagine my surprise to see that estoppel means "a bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth." By using this term, the attorney was basically saying that I had no claims because they had the signed registration papers which they had obtained from me and that meant the contract had been properly fulfilled. Obviously the lawyer could see no other reason for them to have the registration papers. Wasn't she going to be surprised to find out not only was there a reason, but that reason was a standard practice in the industry?

Then for unjust enrichment, I found it means "when a person unfairly gets a benefit by chance, mistake or another's misfortune for which the one enriched has not paid or worked and morally and ethically should not keep. A person who has been unjustly enriched at the expense of another must legally return the unfairly kept money or benefits. Unjust enrichment is an equitable doctrine applied in the absence of a contract and used to prevent one person from being unjustly enriched at another's expense." According to their attorney that pretty much meant if the court gave me the horse, I was getting something that shouldn't belong to me. Interesting concept for a horse that hadn't been paid for, don't you think?

Then there was that claim that there was not a signed, sworn statement in my paperwork. That statement should have been the declaration paperwork that had not been provided in the bundle of documents . However, one of the other papers I'd provided did have a signed, sworn statement included within its contents. I was prepared to point that out to the court should the need arise because the way I had done it was still adequate to provide what was required by the court even if it wasn't the way their attorney expected to find it.

The fact the lawyer had not noticed my statement made me think she really was not very thorough. Between that and inconsistencies in her own paperwork, from one document to the next with statements sworn to by BG and WF, only reinforced that belief.

I noted those inconsistencies as well as discrepancies between their statements of what happened and what I knew to be true so I could use them later in court. By knowing how they were mixing things up ahead of time, I could use those things to trip them up for court. I saw them as just more pieces to the puzzle. Each time they told the story, the version changed because they couldn't keep track of all the lies, not even when talking to their own attorney.

Also included in that paperwork provided to me and the court, as an exhibit, was a copy of that accounting sheet WF had given to Dave and interestingly enough there were even inconsistencies between that sheet and what was sworn to in court documents. I couldn't have been more excited to see the document let alone find more things to discredit in it. The discrepancies between it and their paperwork was just more frosting on the cake.

Here I had been wondering how I was going to build a foundation to get that accounting sheet into evidence and it was provided to me by his lawyer. I was pretty sure that lawyer had no clue at all the anomalies that thing held and now there was no way they could stop me from using it at trial. I was definitely tickled.

Also included in those exhibits were copies of the boarding contract I had signed for Reflection and the purchase agreement on the boxer puppy. In addition there was a copy of Storm's papers showing a date and signature as well as paperwork from the registry showing their attempt to transfer ownership had not been completed because those original papers were now useless.

That document from the registry also showed the postmark date of their attempt to get papers on my horse. It was exactly the day I thought it would be. They had put those papers in the mail the day after I told them they had not satisfied the terms of our contract because BG had not done all the work required. Still they had tried to negotiate those papers so they didn't have to deal with my claims.

There was something else interesting in those papers. In their paperwork to the court, terms of the contract were provided, not all the terms, but some very important ones. The price of the horse was stated. The fact training was to be traded in lieu of payment. The amount per month per horse for training was stated at $300 AND they also listed the training was to be based on a five day work week.

What was not stated was that training was to be for up to five horses per day. Nor were the exceptions to which horses were not to count or the fact the training was to used towards starting young horses under saddle which had always been my intent.

Even though everything wasn't there, things were looking good. I had most of the doors opened that I needed and I didn't even have to do any work to get them there. If they thought I was intimidated by their lawyer and this paperwork, they were very wrong. I was happy at this new turn of events. It played right into my plans.

All the little pieces of my puzzle were falling into place. While each one independently didn't look like much, together they told a story of a very deliberate plan of deceit, manipulation and deception. I was convinced once all the information was exposed there would be a clear picture of two people who told so many lies they couldn't keep their stories straight and maybe even that their plan all along had been to defraud me. This "he said/she said" case was getting more solid all the time.

The challenge I saw was how to present the evidence in a manner that wouldn't bore a judge or jury to death and that would be understandable to them at the same time. The odds were that anyone making the legal determinations in this case was going to have no knowledge of horses or what any of this technical stuff really meant. I was going to have to figure out how to take something that would be as clear as mud to them and turn it into something that made perfect sense.

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

A Little Theory......

Note: I have decided that I am going to try to put all legal terms in red. Knowing the correct term to use is imperative in the legal process and it sure helps when doing searches on the internet or even in the law library. Once I figured out the correct terms, I was in good shape. Sometimes it took me hours to get to those things.

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Friday, February 25, 2011

The New Journey.......... One More Try and Some Information....



Part One

After the unsuccessful attempt to pick the horse up and after receiving the letter from their lawyer, I tried speaking to MD again about her involvement with BG. I did not tell her I suspected her of telling them our plans but I did suggest that she might be crossing a line and maybe she should carefully consider what she was doing.

I don't recall if this conversation was before or after I initiated the lawsuit but it was in close proximity to that event because I remember asking MD if she had known that they'd gone to an attorney. Her response to my query had been, "Yes." Then I'd asked her if she thought that might have been something she might have shared with me to which I got no response.

I didn't tell her about my specific plans at that point but I had told her in the past that I would do what I had to do to get the horse back even if it meant I had to go to court. She knows me well enough to know I am not one to make idle threats nor promises. I will follow through when I say I am going to do something.

I do know that during this call I had expressed my concerns about the fact she was paying them board and training that was essentially assisting them financially in funding the cost of their attorney. If she did in fact believe as she said that BG had not worked horses all those times he said he did and that other things on that accounting sheet were inappropriate, it seemed to me she would not want him to be successful obtaining a horse he really hadn't paid for since I am in fact family to her. I let her know as far as I was concerned assisting him financially was one more thing showing she was taking sides. I wanted to be sure she understood that.

It was clear from the dead silence on the other end of the phone at that time that it didn't matter to her what I said or how I felt but it mattered to me. Once I had told her how I felt about her actions, if she continued to do them despite my feelings, it said tons to me.

Our conversation proceeded on with her once again inserting she was not taking sides. I suggested the only people who really believed that at this point were those people in her barn and those supporting BG and WF. I asked her what she thought her siblings opinions about her behavior would be and boy did that open a can of worms.

She responded by yelling "How would I know, no one ever calls me!" and I just couldn't take it anymore. I cut off her manipulative excuse knowing she is the one that does not call or return calls to them just as she does to me most times "Don't give me that, you are the one who does not make contact." I tried to say.

She cut me off somewhere in the middle of my statement snarling "I'll talk to you tomorrow!" and hung up on me. To date she has not called nor made any initial contact with me or anyone who lives in this house. I have made no attempt to call her since that time either although I have spoken to her on occasion but more to come about that later.

So now I believe we are at the point in the story where we are just waiting on paperwork to be served on BG and WF. With a court hearing set for June 24, the court gave the sheriff until June 17 to have the proper paperwork served. Then the documents needed to be provided to us showing proof of service. We in turn needed to supply a copy of the sheriff's document of proof of service to the court for the hearing to take place.

We waited and we wondered not knowing if the sheriff would contact us to let us know the paperwork had been served or if we needed to track that information down ourselves. When we didn't hear anything for over a week, Dave called the sheriff's office to find out what was going on. Then he learned we needed more cash to cover the cost of delivery.

Dave went to the sheriff's office to pick up the documents and to pay the balance owed because of the additional miles incurred because of WF's avoidance. Then he filed a duplicate of that paperwork with the court clerk as required.

According to the document at 11:45 AM on June 8, 2010, BG was served by the sheriff. That was the very next morning after I'd filed the lawsuit. WF avoided the sheriff on multiple occasions. She did not return his phone calls nor call him as requested.

Fortunately the law provides for such evasions. The fact that BG was served at the family home and same residence as WF that evasion bought them nothing. It cost us a little extra money because of the extra attempts at service but reaffirmed what we knew about them so was worth it in the end. Why run if you have nothing to hide?

I figured what would come next was BG and WF would probably counter sue thinking we would be intimidated by their lawyer. I already suspected she had no experience in equine law just by her use of words in the letter she'd sent but they would be impressed with their move.

Me, I figured that probably levelled out the playing field. While she might have a better understanding of law, I had a better understanding about horses and the case and how those parts fit together. Then there was the fact I had the truth on my side as well. All she had to go one was what she was being told and it was obvious from that letter she hadn't been told much.

Wasn't she going to be surprised when she found out what this case was really about? It was not the black and white thing she thought it was.


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

The Counterclaim

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Thursday, February 24, 2011

The New Journey.......... Taking a Stand....



Part One

With the deadline for compliance in the attorney's letter being June 4, I knew I had to act quickly. Keeping in mind the conversation I had had with the equine attorney about this case, I knew if there was to be legal action, I needed to be the one starting it. I still didn't have the $5000 retainer but that didn't mean I couldn't start this legal action on my own. Who really knew this case better than me anyway?

Despite the proverb, A man who acts as his own attorney has a fool for a client, for me there seemed to be some advantages if I did this myself. It certainly would take less funds to file the action than to hire an attorney to do so. Already knowing how long it takes to get paperwork turned out in a lawyer's office, it would get started a lot quicker if I did it which was also a plus. I figured I would be guaranteed I had the jump getting filed first. Then there was the fact I really did understand this case better than anyone else.

The down side was going to be navigating the legal system. I was determined that I could figure that out so I began doing my research on the internet to get the job done.

Up until now I'd been working on what it would take to prove what had really happened in this case so that I would be prepared when I got an attorney. I hadn't really thought about bringing the legal action without an attorney. Now that I found myself in this situation it seemed like the only smart thing to do. Just waiting for something else to happen was putting the ball in their court and that's not where I wanted it to be. If the equine attorney said I should be the plaintiff in this matter, then that's what I was going to be.

The hardest part about the legal aspect has always been knowing the right terms. Without the exact language needed finding the proper documents on the internet was difficult and as I would later learn in the law library, that applied as well.

At this point the only thing I was really sure about was that I needed something to request a judge to return the horse to me. What that something was called or how I went about it, I had no idea. All I was sure of was I needed to ask a judge and to do that, I had to go to court. With the help of a friend we found a sample document we thought might work for this and I crafted my first legal documents.

The morning of June 4, I was ready to take my case to court even though we weren't even sure where that court was. Dave and I headed off to downtown Tacoma with my paperwork in hand to get this thing filed. The searches at the door entering the court house were intimidating and I wondered what in the heck I was getting myself into. Hibernating at the farm as the world moved around me seemed very inviting about then but I pushed through, knowing if I didn't stand up for myself now, I probably never would.

We headed to the information booth to find out where we needed to be but our questions were answered with more questions. It was clear from that first encounter with the information booth volunteer that we had a lot to learn.

We ended up at the office of the Superior Court for Pierce County. There we were faced with more questions. From those it was determined we were in the wrong court. They sent us on to the District Court which was in a different part of town.

Looking back I know what those questions were meant to accomplish and how the answers affected things along the way. The answers sounded so simple then. Now I understand the actual implications of those answers and if I ever have this to do over again, believe me District Court will not be where I file. The initial amounts (which were the purchase price of the horse) put us in the jurisdiction of District Court but the amounts we were actually entitled because of the harm done by BG's actions or lack there of actually should have put us in Superior Court. It would take time and lots of understanding for me to realize the error that I made here.

Still it was the right place for us at the time. I am sure of that but part of the reason I am going to do the posts on this process in detail is so that maybe if someone needs to know in the future they don't make the same mistakes I did along the way. This thing is complicated enough without having to go back and fix mistakes or ending in up in the wrong jurisdiction.

Once through the search at that District Court House, we headed into the Clerk's Office taking our little number and waiting our turn like everybody else. When I handed my paperwork to the person who'd called my number, I told them what I wanted to do and answered more questions. Then I was told to again take a seat and watch for someone to come for me at a specific window.

Within a few minutes I was talking with a person in charge representing the Pierce Country District Court Clerk. I explained to her I was trying to repossess a horse and then she looked over my paperwork. She told me what I was lacking and sent me on my way but not before giving me some reassurance. "You can do this. " she emphasized, "You just have to be careful and keep to the deadlines. " That last sentence turned out to be as helpful as anything else she provided for me on that day. I will always be grateful for that.

To be honest, I don't even remember all she told me I needed to do but I wrote it down at the time so I wouldn't forget by the time I got home. I do remember I specifically needed a Summons, a Complaint and a Declaration. I know now those three elements are essential to the start of any lawsuit. I also needed at least four copies of each document, one for the court, one for my records and one for each BG and WF to give to the sheriff or whoever was to serve the papers.

There was no way I could get the new paperwork done and be back to the court that day. It had taken me days to get what I had come up with accomplished. The 4th was on a Friday and I was determined I would have this new paperwork ready by the following Monday. I didn't want one more minute or court time to pass by without this operation in the works.

I worked all weekend on those documents. My friend helped me a good deal of the time doing research on the computer, input on her understanding of what I wrote and proof reading. I must have reworked the paperwork at least a dozen times before I was finally happy with them. I wanted them to look professional and respectful of the court process. I did not want them to look in any way like the "dummy" I felt.

Dave and I were once again at the district court the first thing the following Monday morning. My little number got me directed to a different window this time but as I started to explain my story, I got a nod or recognition I hadn't expected. Then I was once again given directions to that same window on the end from the previous Friday.

This time a different woman called me to that window. Instead of a representative of the District Court Clerk, I actually had the person who held the title herself. She looked at my papers shaking her head telling me they had discussed my case and done some research and what I needed was an Order of Replevin. The woman provided me with a copy of such a document with the pertinent particulars like name, address, etc, blacked out so that I could use it as a sample and sent me on my way.

While I was upset my papers were not in proper order, I wasn't discouraged. The good thing was I still needed the Summons, Complaint, and Declaration that I had already prepared so that work was not lost. This new document was needed in addition to those and I could understand that. I'd rather get it right now than try to fix it later.

We headed back home so I could work up the new document, an Order to Show Cause, and get the proper copies made. I worked over in my head how I was going to build this document so by the time we arrived home all I had to do was put it together. It looked pretty cut and dried to me. I could pretty much take parts of my other documents to create this new one and then I'd be set. I figured I could have it turned out in no time and at thirty minutes, I think I did. Then we headed back to the District Court.

We arrived there just before lunchtime. Going through that security for the second time in less than three hours seemed like overkill to me, but hey, that's how they do it. I guess I should be relieved to know that no one with guns or knives was in the building with me but still something about all that security set me off balance. Made my world a little less safe.

Soon I was again looking at the District Court Clerk. She went over my paperwork and told me she'd get me a judge. Can you imagine? I know I couldn't. It all seemed so surreal.

Within a matter of minutes I was standing in a court room waiting for a judge wishing I was not wearing blue jeans and that I'd washed my hair. When she arrived, the judge pro tem looked over my paperwork and asked me a few questions. I got the opportunity to tell her my concerns and then she granted my motion partially and wrote a brief order including an order that the "defendants are not to dispose of or deliver possession of the property in question/dispute to anyone other than plaintiffs or their agent(s) or attorney without further order of this court and shall not commit waste to said property. "

Not only was my lawsuit officially filed but I didn't have to worry about Storm disappearing or being gelded once the proper papers had been served. I was pretty proud of myself, even if I was scared to death on the inside about what came next.

When we were finished with the judge, the clerk directed me to meet her back at her office. However, the office was officially closed for lunch and the security guards told us we had to leave. I told the guard we had been directed to wait there but she insisted we leave so that's what we reluctantly did.

We went to Olive Garden and had soup and salad for lunch passing the time until the office of the district court county clerk would be open again at 1 pm. All through lunch we talked about the ramifications of my actions.

We arrived a little early to go through yet another search and the guard began apologizing all over herself the minute she saw us. The court clerk had come looking for us with our paperwork right after we'd gone. She'd told the guard she had wanted us to wait. I assured the guard that hour wasn't going to hurt us in the big scheme of things so we were good. I could tell she was relieved that we weren't going to make a fuss.

Then I went inside waiting again for the court clerk. This time when she arrived she had all my paperwork with her. First a date needed to be selected for the hearing the judge ordered. The date needed to would work for us and be within the guidelines established by the court. Once that was done and entered on the appropriate documents, copies were made and it was time to assemble our documents into bundles. The court clerk laid out each of the appropriate documents in a specific order to form a bundle. Then she stabled each bundle together.

On the top was the Notice of Setting/Assignment of Judge, (with the date, time and location of the hearing) followed by the judge's order for a show cause hearing (this document ideally would have been prepared by me but I didn't know that so the judge wrote it out) with notice to the defendants, direction for me to secure and provide proof of a bond in the amount of $3000 and stating the order of possession would be addressed at the show cause hearing and that order about disposing or delivering the property that I mentioned above. After that my Motion for Order to Show Cause was added followed by the Complaint.

The clerk did not, however, attach the Declaration which I thought should have been in that bundle. She handed those back to me except for the one she kept for the court. Turns out, I was right that the Declaration should have been included in the bundle. As it it turned out that was not a fatal mistake, but a mistake nonetheless.

Then we were given instructions on what we needed to do to have WF and BD served with these papers. Even though we were now officially filed, it was imperative the parties (WF and BG) got served with the appropriate paperwork before the hearing could actually happen.

There is a time limit to accomplishing this, just as every other step along the way has some sort of time lines built in by the court. It was imperative to have the papers served within that timeline or else we had to start all over again. The second time around you must pay all your fees again as well as more fees to have them served. Also you can figure it would be much harder to get it done because by then, they would probably know it was coming so they'd be taking evasive actions.

Because we didn't want to end up in that situation, we opted to go with having the papers served by a Sheriff. It was more expensive but should we have problems getting both parties served, the testimony of a sheriff in our behalf would be more effective than a process server. I suspected that if they did not get caught together to be served initially (which there was little if any chance that might happen) that it would be very difficult to get the papers served on the second party.

Besides, I knew how vile BG's temper could be and I didn't want to take any chances. I expected he would be more respectful of a sheriff than a process server. A strange sheriff even with paperwork walking onto his property would be one thing, a stranger in plain clothes with paperwork might just be run off and then my hand would have been tipped. I wanted to be able to count of the paperwork hitting its target the first time.........and for me that target was BG.

Once we had all our papers and proper instructions, (God bless the County Clerk's heart!) Dave and I headed back to the Court House in down town Tacoma to get to the division of the Sheriff's office that handles serving court summons. We waited in line and watched as attorneys came through just dropping their paperwork off on the counter and leaving.

I had way to big an investment riding on this to be that cavalier about things. I couldn't help but think I would want someone handling my case who was more concerned about my outcome than that. I wanted to know that each and every step was going as it was supposed to go and I wanted to make sure I understood exactly how that was done so that I knew what was happening. My life had been out of control enough over these last months. Now I wanted to be in the driver's seat.

It wasn't until we had given our paperwork over to the proper person and laid out the required cash payment on the counter that I felt like I could actually breathe. We were now definitely, " officially" involved in a lawsuit over the possession of the purebred Arabian stallion, Scandalous Storm.

There was no going back. From this point forward my reputation was really hanging on the line. I had no intent of stopping short of getting my horse back or a ruling by the court against me. I couldn't imagine that would happen but then you just never know. I have experience with the courts not coming to the right conclusion in the past when they let a guilty man free with five of his victims sitting in court hearing that judgement. I wanted to believe in justice but didn't know if I should. I was determined to not leave a stone unturned so that didn't happen once again.

By this time, I was not afraid of their reaction, I was actually looking forward to it. For once BG and WF were going to be on the receiving end of some "bad news." Their attempts to intimidate me had not worked. They weren't going to be getting Storm without a fight. However. I suspected they wouldn't be all that worried with me acting as my own attorney. I intended to make that a mistake on their part, a very big mistake.


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

One More Try and......

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Wednesday, February 23, 2011

The New Journey.......... Revelations.....and an Insult....



Part One


I discovered, quite by accident, that the lease on the palomino mare had not been renewed nor replaced with a purchase agreement. In addition, there were no payments of any kind being made even though MD had led me to believe that was the case. The owner had tried several times to get MD to redo the lease or commit to buying the mare and MD had made promises she had not kept.

I also learned that the second mare that I had been told by MD was there on a lease for GD was really not leased at all. She was in fact supposed to be in the process of being purchased on a contract. Payments were not being made on that mare either. The contract was in arrears and there had been promises made but not kept.

Both of these things put me in an awkward place with the owners of these horses. Not that the women were blaming me for MD's behavior but it was clear that neither would have made a deal with MD in the first place had it not been for me. They thought because they could trust me, they could in turn trust her and that had not turned out to be the case.

Not only was I disappointed with MD's behavior because it does not reflect the values she has been taught by me but I felt bad for my friends. Each was in a difficult place financially and could really use the money that had been promised by MD. Knowing MD was responsible for some difficulty in their lives added to the burden I was already carrying at this time.

Considering each of these women is a member of my usual support system these situations made life for me a little more difficult. Part of my process of sorting through the information and figuring out how it affected my case, included bouncing the facts off those friends I trusted with such information.

That meant these two women were repeatedly hearing the events that had happened in the barn and couldn't help but relate to how things with MD fit in with all this mess. Despite the fact they were trying to keep their impressions of MD to themselves, I could hear the awkwardness in their voices and sometimes see reactions on their faces. They were trying their darnedest to keep their feelings about MD to themselves but it was clear each had lost respect for her and in a pretty big way.

To be honest, I didn't know what to think. I had spent enough time with BG relaying things he'd said MD had said about me, now finding out she had been lying to me too, just fit right in with the rest of the mess I was now faced with. Then despite the fact I didn't know all the details of these women's dealings with MD, I could see their reactions meant they felt pretty wronged by her. These things did not reconcile with my impression of MD. What could this be about? And could I really be that wrong about MD?

The fact she or GD were making little or no attempt to keep in contact with me did not help. If it weren't for Dave picking up one of my grandsons to help him with work here, there would have been no contact at all with her family for months on end.

Sometime during this time, WF contacted Dave again wanting to have another meeting. I don't recall if he told her over the phone or suggested in person that we were still waiting for something real in regards to BG's claims about work he had done. WF commented that "This isn't how it's supposed to work. MiKael's supposed to make a counter offer." Dave just shook his head and said there would be no negotiating until they got real with the figures.

Because I had missed the opportunity to retrieve my horse as had been suggested by the equine lawyer, I was looking for another window that might be possible. Once I decided on it, I let MD know so she would be prepared for what might be coming if I was successful. I still did not want MD and GD put into a difficult situation caused by my actions without at least having some notice.

By this time I had enough questions about MD's motives and intentions, I knew I was taking a risk in telling her of my plan. I decided if that niggling little voice inside me was right, they would know we were coming. If she informed WF and BG of my plan, then at least I would know where things really stood with MD. While that might not have been smart in terms of getting my horse back, I decided I was willing to take the risk to see just exactly where MD stood.

As it turned out, my suspicions were correct. When the attempt was made to pick up the horse, the barn was locked up tight. There was a big chain padlocked closed around the door handles. It would have been possible to cut it with a bolt cutter but that would have been breaking and entering and we were not going to break the law to get the horse back. Whatever we did it was going to be on the up and up.

It was only a week or so after this, that Dave and I received a letter from an attorney on behalf of BG and WF. In that letter we were accused of keeping Storm's papers under fraudulent circumstances and pretty much ordered to produce the signed duplicate registration papers by the 4th of June. We were also warned to refrain from visiting their property or trying to obtain the horse or the authorities would be called.

That didn't leave us much choice. With the letter dated the 24th of May but not received until later in the week and the Memorial Day holiday, we had less than 7 work days to have an answer. I don't think they were prepared for what that answer would be. BG should have listened to Dave's warning all those months before. I shifted into an all new gear to make sure I could meet their deadline. Accusing me of fraud when they were the ones perpetuating fraud, pushed buttons they couldn't have imagined I had. They should have been able to smell the smoke coming out of my ears all the way to their place

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

Taking a Stand

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Tuesday, February 22, 2011

The New Journey.......... Daffodil...



Part One

It seems to me the things going on with MD and GD at this time are a bunch of disjointed references. I didn't really know what to do with any of these circumstances. They just seemed to keep piling up, a bunch of little odd pieces of information I really couldn't make hide nor hair of. I'm going to try to lay them out here in the order in which they happened. How they fit in, only time will tell.

There really was not much communication going on between us. If I did not contact them, there pretty much was no contact with the exception of running into them at horse shows. Even then if I did not speak first, there was no attempt by either of them to speak to me. There was no effort on their part at an initial contact over anything throughout this year.

I texted GD to find out which horse shows she was attending and asked for the classes she would ride in to be sure that I was there. She answered my messages giving me the information she had but did not get back to me with additional information she promised. Still I tracked her schedule down and made sure I was there on the rail at Daffodil.

GD had taken this mare to a number of shows the year before. Any one of those shows I was present at the mare never did make it into the ring. GD rode her for hours trying to get her to relax and while the mare did get better, they just didn't make it into the ring.

They had gone to the one late show just before I left for nationals in Tulsa. Between the distance from home of the show and the things I needed to do to be ready for my departure I did not make it to that horse show. GD had made it into the ring and had done quite successfully. I was told by BG that GD was the envy of even the trainers there with her lovely mare.

Of course when I posted about that show, I didn't post anything about this aspect of the show. I was keeping everything about the situation with Storm to myself so that I didn't tip my hand. I actually had a pretty successful show despite all the pressure.


I still didn't' want to run into either BG or WF. I was angered enough by that bogus paperwork that I knew it was possible I would say something I really didn't want to say. Not only did I not want to make a public scene but I didn't want to give them any more ideas about how I was thinking about this case. The one email response had been all I was willing to share in detail. They knew Dave and I both thought the accounting sheet was a crock and they would have to figure out for themselves how they were going to deal with me if they kept insisting that information was factual so running into them at a horse show was something I wanted to avoid.

That meant I didn't go looking for MD or GD at the horse show other than up by the arena. I knew where their stalls were located and since they were so close to mine I pretty much keep track of when I might run into them so I could keep my distance.

Despite this monitoring I watched all of GD's classes that I am aware she rode at the spring show. The mare was naughty and I felt very bad for GD. The mare was not going as well as she had been the last time I'd seen her and I could see that GD had no tools to help her get through the situation in the ring.

By now I could see the results of the games that BG plays, not just on me but everyone else at the barn. He lays the groundwork to convince them they need him and that he is the only one that can help them. Then he does all he can to undermine their confidence so they will believe everything he says is true.

Looking at this palomino mare was a prime example. He had told everyone that he was the only one that could really ride this mare because she had originally been trained in an odd fashion. He told them you could not put a leg on this mare. She wouldn't tolerate it. Then over and over he told GD how much better the mare was for him instead of her. He even threatened if GD didn't get her act together and get the mare in the ring, then he would show the mare instead of her.

In the time I was in their barn I had seen enough evidence this tactic had taken its toll on GD. I had seen lots of tears and some down right fear when it came to riding that mare. Whenever there were tears, BG would use them against GD as proof that he was right and she didn't belong on her own horse. When there was fear he made fun of her. GD would put hours in working and riding horses for BG and then she would become mush when it came to her own horse. Instead of gaining confidence, her confidence was shrinking. That's not what riding horses is supposed to be about and certainly not what should happen when one works with a competent trainer.

Now as I watched her ride this mare in the show ring, I realized not only was the mare not better, she actually was worse. Her movement was now compromised and her behavior was still bad. She looked like she was going to fly through the bridle at any moment and GD worked her b*tt off trying to get her around the ring without incident.

The problem was it looked just like GD was working that hard and the class specs clearly call for a horse that looks like its a pleasure to ride. While the mare didn't always blow up or do something wrong, it was obvious she was always right there on the edge. Regardless of how hard GD worked, the horse always seemed to be dead last unless of course, another horse did something more naughty than her.

I felt sorry for GD. She was working hard enough to have a winning ride but there was no way she was going to get one. With the mechanical movement the mare now showed, it was not a pretty picture. The fluid moving horse I's seen that first day coming down the rail was now gone. There was no hint the mare was even capable of such movement by this point. She sure didn' t look like anything I would want to ride and I knew GD had no tools to make it better.

Yet, you could use leg to turn this mare or to cue her to sidepass, turn on the haunches or forehand. It just made no sense to me the mare couldn't be taught to round up using leg cues. Without them, there was no way to push this mare forward when she became naughty in the ring and that would keep them believing they needed BG if they ever wanted to be successful. Quite a vicious cycle and they'd bought into it hook, line and sinker, along with all the rest of those people at the barn.

It was at the Saturday evening session when I sat in the arena with my friend, Wendy, that we saw all the clients and family from BG's barn heading up towards the arena. I hadn't seen this kind of strength the whole show so I knew immediately that WF must be riding. Looking at the schedule I saw the half arabian western pleasure class that told me she was riding the new mare she'd been given.

I wish I had known that this was going to happen. With everyone at the show, there was no one back at the barn watching Storm. If I thought I could get my rig hooked up and out of that show fast enough, I'd have been on the road to retrieve my horse but the timeline seemed just to tight to risk it. I couldn't help but think I'd missed out an opportunity to put this whole thing to rest once and for all.

During that show, MD, GD and SIL did come back to my stalls. It was the only time in this show season that they initiated any contact. We had a general conversation about the show and eased into a little bit about the family and how things at home were going.

Solidare had her foal right before the show and in times past GD would have wanted to be there as soon as possible afterwards. I hadn't heard a word from them about wanting to come see the foal and if you're wondering, no I did not call them to tell them she had foaled.
Now, I asked if they knew that Solidare had foaled. When the answer was yes, I asked why they hadn't come to see him only to be told they had not been invited. While I laughed saying when did they need an invitation, I remembered all the games of the past MD was known to play.

This thing about an invitation was big on MD's list. Some of the old behaviors from times past seemed to be back. I wondered what else was.

Still I plowed on through to my feelings and thoughts about the way the GD's mare was going and my concerns that it was only going to get worse as well as my thoughts on BG's influence on GD. I shared how GD didn't have the tools to get anything better from the mare in the ring and why it was in BG's best interest to see it stayed that way. I had and still have grave concerns about what is happening to GD over there under the influence of these people.

They talked like they agreed with me and even encouraged me to speak my mind. Being who I am, I told them exactly what I think. MD and SIL needed to get GD and her horses away from that man if they wanted anything to come of either of them.

Later that week MD and GD did come by to see Solidare's foal. We talked about what had happened during the breeding and how it probably related to what was currently happening to Solidare. Despite all of this there was a distance there that I just didn't know how to interpret. I had some doubts beginning to creep in but I didn't really want to believe them yet.

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

Revelations.......and an Insult

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Monday, February 21, 2011

The New Journey.......... Some Turmoil...



Part One

As stressful as this whole thing was it was not the only thing going on in my life at that time. This journey is really about the culmination of all of those things and not just these issues with BG and WF trying to keep my horse without having really paid for him.

Throughout this time things with Solidare were beginning to go south. The stress of that last trimester with Solidare just did not get better. As I was trying to focus on this situation with BG and WF and what I was sure was headed for a court room, I was also dealing with a deteriorating situation with my mare.

Like the stress of those two situations wasn't enough, there was the failing relationship between MD and GD. It seemed like the farther we got into this thing with WF and BG, the farther apart things became with MD and GD. There was no explanation for it and there was MD saying they were "not taking sides."

Because of that I wanted them to see BG's accounting sheet. How could they deny the man was pretty much trying to steal a very expensive horse from me and look at those figures. They knew he hadn't worked the kind of hours he said so how could they justify him fabricating the numbers like that.

Mostly their response was in agreement with what we said and they again confirmed if it came to court they would be there to testify in our behalf. Both MD and GD were aware of many of the reasons for which horses had not been worked AND GD was actually gone with BG on many of those summer are fall days when none of my horses got worked.

Still there was an obvious uncomfortableness in the air whenever they were around. Contact between us was always very one sided and was pretty much made by me or Dave. In addition there was evidence to suggest WF and BG seemed to be more in a family role with them than there had ever been here. Something was amiss and we could only guess at what it was.

Despite the fact I was really angry with the stunt BG and WF were trying to pull, I still struggled with those messages he'd spent the better part of 16 months drilling into my head. It takes more than just a realization that something is wrong to get rid of that kind of influence. Any bumping into things or people that triggered those messages caused some back sliding in my confidence and took a lot of energy to overcome.

Even though I now had BG and WF's game figured out, it didn't change the turmoil such situations could cause. I suspect that was a result counted on by these parties as another was to see that I was beaten down enough not to have the energy to fight.

When the Personal Message came through Facebook from none other but YW, I really wasn't surprised at it's content. While I am sure she would claim BG and WF had no part in the sending of that message, it's content and timing clearly suggested otherwise.

I'm going in paste YW's message here so you can see what I was dealing with.

The subject line read: For your information

"MiKael Callier, I tell you what you are seriously treading on some thin ice you might want to be very cautious about where your next step is. It is one to attack someones character and integrity when you posses both but another when you have neither one of those qualities. Obviously you do not see the damage you have created for yourself and your "dream" that you are trying to obtain. You have made yourself look like an ass to influential people in the arabian community. You and only yourself has burned all of these bridges that were laid out in front of you out of the genuine kindness of these people you now attack.
Your little lemmings that follow your blog and agree with you don't know you, and if they did, they wouldn't be so willing to jump onto your perverse bandwagon. If you can seriously look at your self in the mirror and be okay with the one of many people looking back you then you have some serious issues. Your actions and your words that you have put into motion speaks mountains about your character, integrity, morals and values. I feel sorry for you and your family and your horses, because they are the ones that are going to suffer from your actions. What a disservice you have done to yourself and your horses."

I didn't dignify this message with a response. Coming from the woman who had left my pregnant mare living in sewage and had then had the gall to charge me for training never given as well as claiming I cheated her out of a commission she had herself waived, I really didn't see what the point was. I did, however, see that my wonder back in the summer why BG had added to his FB friends, the very people involved in a smaller version of his scam now made perfect sense to me.

While this message did not land as a blow to my already bruised psyche as I'm sure it was intended, it did make me wonder what kind of damage their lies were doing to my reputation. Instead of causing me to back off, what it did was fuel my belief the only way to clear my name was to get my horse back AND to tell my story. If I had any fear of standing up for myself before, the situations like this were only making my resolve stronger. BG's plan was backfiring, even if he didn't know it yet.

The same can be said for YW. And while I'm at it, I must say what is with these people thinking the way to get to me is by slamming me for what they see is my weakness, a diagnosis of MPD. How cruel can a person be? Luckily for me, I am not embarrassed nor intimidated by such an exposure. Don't they realize that kind of behavior exposes their true colors.

Also, just a tad tongue in check, "what do the lemmings out there think?"


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

Daffodil

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Sunday, February 20, 2011

The New Journey.......... My Reaction...




Part One

Dave thumbed through BG's accounting paperwork given to him by WF. Then he looked straight into the woman's eyes and said, " You need to get real. You and I both know this is bogus."

The look on the woman's face told Dave she knew what he was saying was true although she was never going to admit it. WF stammered just a moment before Dave finished speaking, "I'll show these to MiKael." as he picked the report up and got ready to leave. " There's no point in even talking to you until BG comes up with numbers that represent what he really did."

Once out of the parking lot Dave called me on the phone. If he had been hot over the offer to exchange to boxer puppy for the horse, now the man was livid. He just couldn't get over the arrogance of BG or WF thinking they were going to get away with such nonsense.

I tried to calm Dave down so he didn't have a wreck driving home. I told him not to worry. I had been counting on BG inflating what he'd done. Between his email accounting how the horse had been paid for and this current accounting, I now had different versions of supposedly the same story from BG in documents provided by him. From there it wouldn't be difficult to prove who was lying about what had actually been done with my horses.

As I was trying to calm Dave down, I was beginning to boil myself. Even though I hadn't seen the actual figures yet Dave had told me enough for me toI know that BG had been blatant with his exaggeration of what he'd done. I just couldn't imagine how BG and WF really thought they were going to get away with this. I was beside myself and waiting for Dave to arrive with the actual document was excruciating.

When Dave came through the door, I couldn't get my hands on that paperwork fast enough. Looking at the information before me, it was clear BG was really trying to p*ss me off. That notation that Scandal Sheet was included in the number of training horses was there specifically to say "Scr*w you, MiKael Cailler." Wouldn't BG be surprised to now that all those little finishing touches he'd added to stick it to me, were really going to be what I could use to prove what a thief this guy was.

I must admit overall I had mixed feelings when I looked at the actual paperwork. I was torn between celebrating because the figures were so fraudulent and being outraged by the stunt they were trying to pull. The unmitigable gall of the man.........and for that matter, the woman too. Did they think they were not accountable like the rest of us? I just could not imagine such thinking.

The more I looked at the paperwork, the clearer I could see the case I needed to build. If they thought this paperwork was going to make me back down, they had better think again. There was no way I was going to take this lying down and this paper had given me enough fuel to burn a pretty darn hot fire for a very very long time.

Despite the rage, I knew I needed to drag this out as much as possible. It was going to take me some time to figure out the specifics for a case. At this point in time, I knew the major problem was having a contract that was not written. To even have a case I had to be able to address the law in that regard so right from the start I began examining this document for the components that would support the terms of our contract. Later I would look for proof to support those things that shouldn't have appeared on that accounting.

The fact I even had paperwork from BG suggested we had some kind of transaction going. I had my email where I had referred to our contract. Even if BG had not responded directly to that email, he had not contradicted it in this accounting. The fact he had answered with an accounting at all suggested pretty clearly he felt some obligation towards me.

The price of the horse was going to be pretty easy with the figures BG had used, at least there was proof of a ball park figure for the purchase price of the horse. The charge he'd used for training was as we had agreed so I didn't need to worry about any other proof to support it other than this paperwork. I did have other access to other documents to back this up. That would definitely be a good thing.

The other major issue that I saw was the five (5) day work week but BG had obliged me by providing a couple of discounts for time off because of illness for him. He may not have given me credit for ALL the days that had not been worked but the fact he had given a discount at all clearly indicated that he knew he was supposed to be working that 5 day work week.

There were lots of points to argue on that paperwork but because things were so complicated I figured the best place to begin what the contract itself. by this time I knew the law in Washington state for an oral contract. Since the terms of such a contract must be agreed upon by both parties to be binding, I knew the premise for my arguments. BG was going to have a hard time proving I'd agreed to a lot of what he'd billed me for. and I thought I had some pretty good arguments that would prove that I had not agreed to the things he claimed.

I began doing research to find documents and/or witnesses that could support what I needed for a court case. I hoped it wouldn't come to that but figured looking at this accounting sheet the odds really suggested court was where we were headed. Remembering BG's outburst during the summer, it just didn't seem like there really were any other possibilities. If I was right about that, I was going to be prepared.......



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

Some Turmoil

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Saturday, February 19, 2011

The New Journey.......... BG's Accounting...


Tag

Part One

It took a while before that accounting was actually provided. Seems like there was another meeting at sometime in there that wasn't productive where the accounting was again requested. We weren't prepared to continue talking to WF without this paperwork and Dave let her know that was the case.

The day did come when WF gave Dave an accounting of the work he claims to have done as well as additional charges he figured he was entitled to receive. This information came on four sheets of paper. I scanned the actual document into a text format and it appears as it scanned except for minor correction errors the scanner made in converting the document to a text format. The scan altered some of the spacing and I corrected that to it's original format too but here are no designations for page breaks. Items he listed as a credit appeared in red on his sheet and I hope they're going to do that here.

Here goes...........

Date of Boarding 28th of September Reflection
This date is used as a margin as when we started working horses.
Reflection was full care and training for a short duration at this point Reflection had no monetary exchange against Storm... Duration was approximately 90 to 150 days (will verify with cancelled checks) Difference will change training by 1 horse or full care and training charge The below is at 150 days or 5 months which is the max.

Note: Training $300.00 and Full Care $325.00

Pretty much the next 30 days were me working horses with no implied application towards Storm.. No written agreement except for Reflection who already working as stated above.

Exchange for Storm

Note: The stall here for Rising Rainbow was used to float a horse that was currently being trained but needed additional work either on the day of training and days where horses were not being transported. These horses are not listed as charges by month and ahould be accountable. Percy, Tag, Louie, or Vee... On occasion another horse would be left. (stall was provided until Region IV 2009.

Oct. 27, 2008
8 horses started (includes Scandalous Sheet) approx 5 days or $521.73
Full care stall provided for Rising Rainbow Horse - $325.00
$846.00

Nov 2008
8 horses $2400.00
Full care stall provided for Rising Rainbow Horse - $325.00
$2725.00

Dec 2008
8 horses (note: lost 1/2 of the month due to injury) $1200.00
Full care stall provided for Rising Rainbow Horse - $325.00
Percy - was here and was conditioned the through the injury dates - $182.60
$1707.60

Jan 2009
7 horses first 2 weeks and 9 horses the second week - 8 average $2400.00
Stall provided for Rising Rainbow Horse - $325.00

$2725.00

Feb 2009
9 horses $2700.00
Full care stall provided for Rising Rainbow Horse - $325.00
$3025.00

Mar 2009
9 horses 1 week $675.00 10 horses the rest of the month $2250.00 $2925.00
Note: 1 horse would stay here in additional to Reflection
Full care stall provided for Rising Rainbow Horse - $325.00
$3250.00

April 2009
9 horses $2700.00
Full care stall provided for Rising Rainbow Horse - $325.00
Credit for helping with Totally Clear - -$150:00
$2875.00
* horse show did not effect

May 2009
9 horses $2700.00
Full care stall provided for Rising Rainbow Horse - $325.00
Credit for helping with Totally Clear - -$150.00
$2875.00
* horse show did not effect

June 2009
9 horses first 2 weeks $1350.00 3 horses 1 week $300.00 6 horses last week $450.00Region IV
$2100.00
Credit for helping with Totally Clear - -$75.00
$2025.00

July 2009
6 horses
$1800.00
* horse show did not effect

August 2009
6 horses
Boxer Puppy - $1500.00
$3300.00
* horse show did not effect

Sept 2009
6 horses
$1800.00

Oct 2009
6 horses - 2 weeks - U.S. Nationals
$900.00

Nov 2009
6 horses - 2 weeks -U.S. Nationals
$900.00

Dee 2009
5 horses $1500.00 Sick a days - lungs -~400.00

$1100.00 These days loads and time frames were effected by weather

Jan 2010
5 horses - Partial Month $750.00
Sick a days - lungs - $150.00
$600.00 These days loads and time frames were effected by weather

$32,453.60



Items not listed by months or included but were provided

a) Set up over-nite 3 horses and feed - break down truck
b) Haul in on days off that the facility was used. ($12 - 15 a day)
c) Non working days at shows that training and assistance was provided
d) Damage to horse trailer $825.00 (Hauling Louie from Region IV)
e) Region 5 trip? (Gas would be appreciated)
f) Approximately 7 days that 1 picked up trailer and hauled loads myself ( gas would be appreciated)
g) Breeding horses (3)
h) 10 days that I went to your facility and worked horse while .Mikael was traveling (3 horses) (approx $13.04 a day per horse plus gas would be appreciated)
i) The stall here for Rising Rainbow was used to float a horse that was currently being trained but needed additional work either on the day of training and days where horses were not being transported. These horses are not listed as charges by month and should be accountable. Percy. Tag, Louie, or Vee... On occasion another horse would be left:. (stall was provided until Region IV 2009. (approx daily $13.04)
h) Reflections full care and training will adjusted when cancelled checks that are verified amount that could change as stated above.

Note: This amount alone would exceed $5000.00



Amount here will need to adjusted ________________

* Loaned pair reins and apertures (returned)


Now you're been provided with two versions of this story, his and mine. Can you make any sense of the wipe gap between them?


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

My Reaction

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Friday, February 18, 2011

The New Journey.......... a Little Input..... and a Request...



Here's the initial series Wrapping Up a Difficult Summer that led to this series if you missed it.

Part One

Years ago when Legs was barely broke, I was in a vehicle accident right down the street from my farm. We were just making the right hand turn when some kid tried to pass us on the shoulder plowing right into the right rear quarter panel on my truck.

I was thrown into the door and my head and shoulder struck the window not hard enough to break the glass but hard enough for me to see stars. My youngest son who was also in the truck was not injured. At first I thought I was ok from this accident. I was a little stiff almost immediately but I didn't go for any treatment.

When we did get home, I got a call from Dave and his car was broken down. Instead of going to an emergency room to get check out, we went to retrieve Dave. By later that evening, I had a pretty extreme headache and muscle spasms running up my neck and across my back. The following morning it was obvious I needed to see a doctor.

When I did, I was diagnosed whiplash from the side which they told me is much more painful and less likely to heal than the normal front to back version. I was put on medications and began physical therapy. I was unable to do what I do with horses for months because any form of resistance through my arms caused the whole thing to flare up.

It got to a point in my treatment where the insurance company decided they weren't going to pay anymore of my expenses. Not only that but they weren't willing to even talk about a settlement.

During the course of the settlement of this claim I had to employ a lawyer. I knew at the time I needed someone with some horse knowledge because part of my claim was the resulting losses this injury caused to my business. I got talked into using a high powered personal injury lawyer and as far as they are concerned the settlement went well. For me, not so much, although I did get the maximum the policy allowed with the exception I didn't get compensated for the losses to my business because this attorney didn't know how to figure them because she didn't understand the industry.

I learned the hard way that if a case has anything to do with horses, what you need is an equine attorney. Someone without that experience just does not and will not understand the aspects of the case. Even if you explain it to them, they just look at you with that blank stare that non horse people get when it comes to horse talk. How can they represent someone when they don't understand the aspects of the case.

I could go into great detail about what should have been done to figure out my losses but there's no point since they don't mean much to this story. The important part is that I knew right from the start of this issue with BG and WF the only kind of attorney I wanted to deal with was one who practiced equine law.

Even though Washington state has a huge population of horses and the industry is actually one of the top ten in the state, it wasn't easy trying to locate such a lawyer. They sure weren't listed in the phone book and the Washington State Bar Association was not helpful either.

I did finally locate an attorney out of state who had a license to practice law in Washington. When I was pretty sure where all of this was heading, I contacted this attorney. I explained my case in detail including this "offer" to return the horse in exchange for the boxer puppy.The attorney was as impressed with the offer as I was and for that matter, most of you. The actual comment made was "Gimme a break, people!" followed by a pretty hefty laugh.

It was confirmed the law gives them no right to the puppy and that if they did want to pursue the dog being on a chain, they would have to do that in another action just as I thought. It was also confirmed the fact they knew and had witnessed my use of the chain as a safety precaution in the past that they didn't have a leg to stand on.

There were other issues confirmed for me as well, like the fact I thought I would not be required nor obligated to pay back money for training when he was in breach of contract. I was also told that I could pick up the horse if I could figure out how to get it done without getting arrested for trespassing.

The biggest thing to talk about was the fact that this case was going to be a "he said/she said" thing. The fact the contract was not in writing was only one of the difficult aspects of the case. Proving what was real and what was not to a court when all there really was to go on was the word of the involved parties is just plain tough in the best of circumstances. This case didn't seem to be what anyone would describe as a "best case scenario" and one of the biggest challenges would be arguing it to a roomful of non horse people who weren't going to understand most things anymore than my former lawyer.

I knew right away I had made the right decision in locating an equine attorney. As I'd explained the details of the case what I got were responses of recognition. Everything from lunging horses, to transferring papers to show in owner classes, to valuations of the horse and work done etc. were understood, acknowledged as typical for the industry and put in context of the case. It was so much more helpful than the dumb stares I'd gotten in my last experience.

As I have said all along, it's complicated. Even at this early point I was aware of some of the evidence I had against BG and WF. I also knew I had witnesses that were willing to get involved. Each may cover only a small part of the story but together the puzzle would come together.
I passed that information along to the attorney as well.The attorney recognized the aspects of the case and it's complexity. That complexity was the reason for a retainer of $5000 and I was warned that it could go much much higher than that. I would have to decide if this horse was indeed worth what it was going to cost to get him back.

While I didn't have the money for that retainer, we did talk some about the particulars of the case and appropriate strategy until maybe I could put it together. The attorney stressed it would be important to be the one who had filed the action instead of the one responding to it. While some time would probably pass before we got to that point, if it was obvious the point was there, it would be important to be in the driver's seat. I was even given an idea of how much time I could probably expect before we reached that point.

While I got off the phone not having much hope I would be able to hire this attorney, I at least had a good idea what I was up against. I also knew how I would proceed.

With confirmation from the attorney that I was right in my perceptions of the case, I sent Dave back to meet with WF. He informed her we had consulted with an equine attorney and we knew our rights. There would be no return of the boxer puppy and if she thought they were going to pursue the issue over the chain, she should be prepared for it to be a separate action. He also informed her there is a legal definition that constitutes a "chained dog" and who we care for our dog does not fall in that category so they'd be pretty much wasting their money trying to get her back.

At this meeting Dave did remember to ask WF for a detailed accounting of the work that BG had done with my horses. He told her nothing more could or would happen without it. WF said she would have to get back to us because BG would have to check his records to do that. From there, we waited.

I already knew that BG's number could not reach the price of the horse, if they were honest numbers. Even if he tried to claim he had worked 9 horses on those days I worked part of them, the math still would not come anywhere near the figure needed. The only way that BG could get to that figure was to manufacture numbers and by this time, I was fully prepared to see that he had done just that. In fact, I was counting on it.

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

BG's Accounting

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