Way Off But Need Help

Hey Guys/Gals,

I have an issue in regards to people who make up contracts, promise to take care of your animals, then you find your animal(s) without water on an 80+ degree day, without food for 4 days while you were out of town, and a verbal say by that person who wrote up the contract that "no we don't feed them when they are in the paddock after being in the pasture for a few hours"...though stating in contract that the WILL provide hay to pastured animals. Hmmm....

So! I had paid up until end of June, mind you taking care of my animal plus others and paying for the hay/grain, etc all the month of June plus gas expenses to get out there 2 times a day, and I packed up and left the begining of July here. She says I should owe the July since didn't give 30 day notice (oh on a 'contract' she had wrongfully dated btw) n wants to take me to court over it (ooo a whopping 150 bucks, but I wont give it to her based jsut on the principle that you don't leave animals without food or water period). I'm thinking Breach in contract on her part??

So, anyone with legal experience if you could help. (hope this makes sense, lol)

 

Do you have a copy of the contract for me to see? I am no lawyer but do know enough of contract law to tell you what I WOULD do.

The basics of any contract are responsibility and expectancy. if you share your contract, do cover your personal information. I have about another 45 minutes before is time for me to go home.

 

That's the thing Rocky. I had asked her (in may when i realized i didnt have a copy for my records) for the contract I signed from January and she gave me this new fan-dangled typed up contract that I hadn't signed, or even seen before. So as far as I know, she could have lost the one I signed.
The 'contract info' I have is based off the new one.

 

Aaaaaah, then things look better for you.

Here is what I would do. I would go ahead and removed my animals from the place ASAP. If I had recorded (written or otherwise) proof that she was negligent with my animals, i would hold to it as if were gold. If she threatened me with a lawsuit, i would remind her that she can be prosecuted for animal neglect. Although she is not the owner, she was responsible for taking care of them. Therefore she/he is liable for neglect. In addition, (if she sends you a written request for payment) I would send her a certified letter asking for a copy of signed contract. You have the right to ask for a copy of the contract in question. If she does send it, then I could look to see if there was a clause regarding a 30-day notification or something of the sort.

I will stop here so as to keep things simple for now. The main thing to do is to remove the animals right away. You cannot say she was negligent and still kept your animals there for X weeks after. The thing is to show you removed them BECAUSE she was negligent.

 

Thank you Rocky. That's what I was thinking too. I have removed them from premises,thankfully. I don't have 'written records' but I have more than one witness to the negligent acts.
I will definitely post it if I get it.
Also, there are other horses on the prop standing in their own urine/feces in stalls all day,being fed moldy hay if any at all...I have already contacted the correct authority on these, as 3/5 of them are boarded animals under their "care". Hope I don't sound too much a biatch, but dang it I can't stand to see those critters suffer... OK done ranting. Thanks again Rocky

 

For future reference always get a copy of anything you sign for your personal record keeping. It can really help situations like this one.

 

Better yet, NEVER sign any document on the spot..NEVER. Always tell them you will give read the contract, sign, and return it later. They should not have an objection unless their is something not kosher in the works. It also makes you look intelligent. hehehe :o

 

anyone who is PAID to take care of animals is /are the primary care giver even if the animals are owned by someone else. The person who is the primary care giver is the person responsible for said animals.

If the animals are on that person's property, there is no need for a contract to show who is responsible for the daily upkeep of said animals. They are the responsiblity of the property owner.

a) call your local county sheriff. It's a horrible thing to have to do but when it comes to real animal neglect, they are probably your best option. since everything is heresay, they will require all animals be removed and charge the property owner with neglect in which case the property owner will have to go to court to settle it..

It is in your best interest to do so and remove your animals otherwise if this person does take you to court, you are giving them the upper hand by not reporting or removing your animals. They will say if the conditions were bad, why did you not report??? It's a fine line but there is a difference between being simply a nosey busy body and reporting nonsense or reporting true animal abuse/ neglect.

 

Thanks all for opinions and helping me think through this crap. I have contacted the right authority on getting the other critters out of there...most of which would be better off PTS than staying there.
As far as my animal/s go, they were removed a couple weeks ago now and are in a wonderful pasture with water and 24/7 food!
and yeah, learned the lesson on contracts :rolleyes:, we'll see where it goes from here and I hope that the authorities do something to snag a real animal neglecter/abuser.
Thanks again all will repost of anything new develops.