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[RC] Getting your money back (was: tendon injuries) - k s swigart

Alice Yovich said:


Speaking of injuries to horses: what are the odds of
recovering money on a horse that was documented
more injured that the owner let on? In my friend's
case the lady told her (and had a letter of soundess
from the vet) stating that he had cut himself as a baby.
It turned out (upon examination of the medical records)
that he had 2 tendons severed just one year ago (he's
four, so he was not a baby a year ago) Of course,
she's trying to get her money back as she's owned
this horse just 2 mo. Wondering if she has a prayer
in small claims court.


Whether she can get her money back in small claims court depends upon
how much money it is (i.e. is it a "small" claim).  Last time I checked
here (not very recently) the biggest a small claim could be is $5,000.
However, different states have different rules about what constitutes a
small claim.

However, if you are asking what are her chances of winning in court were
she to pursue legal remedy (in whatever court is appropriate for the
amount of money under consideration), the answer is, "Pretty good."
Assuming she has the paper documentation as described above AND that she
let the person know what was her intended purpose for the horse (i.e. if
she told the seller that she was just looking for a companion
horse/pasture ornament and didn't care about soundness for any athletic
discipline).

If she takes it to court, she may also be able to recover the expenses
associated with the horse after the purchase (although this is much
harder).  However, the most important thing for her to do is to contact
the seller immediately and seek remedy there first (i.e. she has to ask
the seller for the money back first and can only go to court if that
doesn't work).

kat
Orange County, Calif.

p.s. If she goes to court, especially small claims court, the thing to
bring is paperwork, signed statements, etc. not witnesses.




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