[plainjanemw]

To make a long story short, I am searching for anyone with any expertise re: legality of animal abandonment. We live in Missouri, and here's the story: 8 years ago, My friend took in a horse as a favor to some other folks. In exchange for the first year's board and costs, they knocked off $2500.00 out of the $3500.00 of the purchase price of a second horse, and my friend paid the remaining $1000.00 via check. For the past seven years, my friend has covered all the expenses of boarding and ownership- feed, exercise, watering, vet care, worming, etc. of the first horse, and the actual owners have not contributed anything to his care- They have not visited, nor did they even provide a phone number or address in case of emergency. Now, seven years later, they want to come and pick up the horse (after my friend has trained him and shown him and he is worth a good chunk of change). My friend doesn't want to let him go because the people nearly let him die before, which is why they gave him to her. The 'owners' haven't ever even called to check on him or his well-being.

The Missouri abandonment laws state an animal is considered abandoned when the owner has failed to supply adequate provisions for the animal. Therefore, I'm wondering if my friend could, in court, somehow file ownership. It states that if the animal is found to be abandoned, the owner is to pay all costs incurred (which in this case would be $38,000- Long story). In another section, it also defines an owner as someone being responsible for the care of the animal. So technically, I would say my friend is now the owner of the horse, not the people on his papers. What do you think? there is no timeline given in the statute that I can find online, and the definition seems somewhat vague/wishy-washy to me.

I don't believe it fair for these folks to just be able to "buy" him back by paying for his expenses and taking off with him after all this time; however, emotions don't hold a place in legal issues. I was just wondering if anyone here has had any experience with a similar situation or might be able to provide some insight as to how the statute would more than likely be interpreted in court.

Thanks for any guidance you can offer! We greatly appreciate it!

[Haas Horse Farm]

They need to contact a Lawyer. The only way this can be settled is in a court of law. The very first thing I would do is file a lien against the horse in the local court for all the board, training, etc. Unfortunately unless the original owner is will to walk away this cannot be settled out of court. There are of course other issues if the horse is registered etc. If you want to send me more details in a PM I can give you a name or two that might be able to help in the Springfield area.

[gluey33]

I agree a lawyer sounds like a must I hope your friend can get this sorted. When she works out the cost make sure she includes her training fees. Some people forget to add in their own time. Good Luck.

[jeda_horse]

Here if a horses owner disappears for just 3 months you can claim ownership.

Goodluck hope it works out for your friend,

[Stormyheart6160]

This is going to sound crazy, but this is how it will turn out in court...............

The owners DID provide adequate care and provisions for the horse......via thru your friend. They left the horses care in your friends hands, and she took care of it. Even tho they never called or went to see the horse, or reimbursed your friend all this time......the horse still did not go without what it needed. In the courts eyes, the horse was taken care of.

The best she can do is present the owners with an itemized bill, and if they don't pay it, then place a lein against the horse and file a civil suit. With the lein in place, they will not be able to remove the horse until the case is settled.

She'll either get the horse, or the money. Good luck!