Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

Son of a Gun asked in PetsHorses · 10 years ago

Should I show up and pick up the saddle I was never paid for?

I am going to try to shorten this as much as possible, and its a situation I possibly got myself into.

Before I left for my uncles in July, I had an English saddle for sale (simple plain flap 16' saddle, good leather, unmarked brand, broken in but kept oiled and under cover when not in use) but was too small for long legs and as I don't show in hunters or eq anymore (and already have another saddle) I decided to sell it for $200 including matching leathers and Herm Sprenger stirrups (bought them, hate them, good way to get rid of them).

A friend of ours runs a facility with some eventing kids and a few hunter and eq kids there as well. She also runs the year end awards deal down south here for the APHA. Our year end awards were very very late and we went over to her facility to pick mine up, so we got to talking and found out some of her kids were looking for a decent little saddle with a decent price. We ended up working out a deal where I brought the saddle down before I left for the summer and she would have her kids try it out and possibly sell it. Great, I drop it off, we settled it on a handshake (first mistake) and I leave for a few months. We had done business before without an issue.

Late July rolls around and I have not heard a word, so I called her and she had mentioned another girl is coming to try it out and possibly buy it. Then end of August comes and have not heard a word. Granted I had not contacted her because I was showing horses nonstop and was a little caught up in family issues but I did end up calling her and asking her. She told me that her client would be purchasing the saddle, but she would be gone for two weeks and after she would mail me a check. I was fine with that knowing people get caught up in other business. So two weeks later I got home (around the same time she was supposed to be back with a check) and contact the lady once again asking about if her client was back with a check. She told me shed have it in the mail by next week. That next week comes around and I have no check. So I text her asking if they were able to get it in the mail. No response. I started calling/texting her about once a week to see if her client gave her the check to send it. I even offered to drive down to her facility to pick it up at her convience. I have not heard a single word. I have been quite patient but we are now nearing the end of October and I have tried calling, texting, emailing, facebook messaging and IM'ing and I have not heard a single word. Like I said, I was patient when I first got home but she has owed me a check for nearly a month and a half now and she will not contact me back. I am now considering just showing up to the facility to either pick up my check or pick up my saddle, would that be a little too bold or should I just go on with it?

13 Answers

Relevance
  • gallop
    Lv 7
    10 years ago
    Favorite Answer

    You have the right to show up and demand payment for the saddle.

    Where I live, verbal contracts are legally enforceable for all property sales other than real estate.. Do you have any emails from her or other evidence showing that this verbal agreement was made, or witnesses who were present at the time? If this doesn't get resolved, you would need some form of evidence to present in a small claims case. Small claims cost a nominal fee to file, and don't require attorney representation. You just appear in small claims court on the assigned date and present your case. The courts don't collect the money awarded though, so you still have to get that done if you win. It's a lot of nonsense to go through but sometimes just threatening to file a suit will be sufficient to get a response.

    A certified letter of demand is usually sent first, informing the other party of your intent to sue if the money owed is not received by a specific deadline (a week from the date of receipt of the letter, for example). If the money is not received, then you can file the suit.

    If you do decide to go there in person, then I would call the local sheriff's office in advance to explain the situation. They can advise you on how to go about it. They may see this as a civil matter and will not intervene.

    Source(s): 58 years with horses Experience
  • zakiit
    Lv 7
    10 years ago

    I suggest that you take someone to the small claims court. You would not have to appear, just fill out some forms and state that you either want the $200 by a certain date, or the saddle returned.

    Are you an adult? Were there any witnesses to this agreement? Perhaps you could go down with them and ask for the saddle back. I have a feeling that this woman is not as honest as she might like to think and has either been using the saddle herself, or has actually sold it and then pocketed the money.

  • 10 years ago

    I'd go down there and be like I was in the area and decided to stop by and pick up that check, or the saddle. If she says it's in the mail, tell her that's ok, just cancel the one you sent and I'll take one now or cash since it seems to have been lost in the mail. If she refuses to give you money then ask for the saddle. Take a witness with you and remain calm no matter what. It's possible you will never see the saddle or the money, but you owe yourself the trip to attempt to claim what's yours in a peaceful manner.

  • 10 years ago

    Imo showing up and settling the issue would not be inappropriate. You've managed this situation peacefully for as long as you could, and as much as you don't need the saddle anymore, the fact of the matter is that it is your saddle and someone else has had it for over 3 months without paying. You need to take matters into your own hands because apparently others think that they can just take advantage of the situation. The only issue I can see is, since I don't know much about your relationship with this person, that she may take offense (because everyone overreacts at one time or another, nothing against you) and pull something like "Fine, you want your saddle back, we don't want it anyway." Other than that issue, you're well within your rights to repossess the saddle or collect payment.

  • How do you think about the answers? You can sign in to vote the answer.
  • 10 years ago

    I don't know where you are, and if my input will help, but here's what I've done twice in exactly the same circumstance. I called the sherriffs office (not 911) and asked if a deputy could meet me where the saddle was supposed to be, and had him go with me when I asked for the money or tack. I got my saddle and breast collar once, and had the Deputy to back me up in court with the other saddle. He testified that the man said he'd let someone try out the saddle and they broke it. I got a judgement against him since he took control of the saddle, and it was ruined while in his care. I haven't yet recieved any money, but word has gotten around that I'm not one to be messed with. (the two deals weren't with the same person)

  • Anonymous
    10 years ago

    If it were me I would show up and either take it back or get the money. However you need to be prepared for the fact that she may have sold the saddle, used the money and not have it any more to give you, or the saddle may not be in good condition. I would take a letter with me if I were you. Speak to her face to face and if it results in nothing say to her, ok I have no choice now but to issue you with this letter which requires action within 14 days. Then outline the situation in the letter,recapping whats happened and then add something along the lines of, if this situation is not resolved within the next 14 days either by return of the saddle in the condition it was given to you, or by full payment at the agreed price, that you will take legal action. How far you take it is up to you and you may not be prepared to take any further action but it may just give them the push they need to sort it out..either that or you forget it and put it down to experience. Wouldn't life be easier if people just honoured their word :-(. Good luck with it.

  • Snezzy
    Lv 7
    10 years ago

    The handshake does indeed constitute a moral contract. Legally, it's probably an "incomplete" contract.

    Go to your county's Small Claims Court and get the papers for filing a small claims action. Fill them out but DO NOT FILE THEM.

    When you go to visit her to get the saddle or the money, perhaps everything will work out fine. If it does not, then mail her a copy of the small claims form that you HAVE NOT FILED YET. "If we cannot resolve this matter, I will have to file legal action."

    There is a very good chance that she will settle up with you without your ever having to actually take her through Small Claims.

    This method of using small claims paperwork without the actual court action will save you the filing fee, and will help you and her to remain on good terms, at least slightly.

    If everything fails, and even in small claims you accomplish nothing, then you have paid for a lesson in contract law: "An oral contract is not worth the paper it isn't written on."

  • 10 years ago

    Just go show up. Tell them you have waited long enough. They either give you the money requested (you might even add extra for not only having to wait but for having to drive out), or you take back your saddle. If they pay you great, if not take your saddle, learn your lesson, and go off to try and actually sell the sadde. However I wouldnt think it will be in great condition now.

  • 10 years ago

    I would absolutely just show up. Just drop in, say hey, I hadnt heard from you so I thought I would drop in and take care of the saddle. I will go ahead and take it unless you got that check. If she says that she is getting it in the next few days I would say, okay, well, when it clears my bank I will bring it back to you. Thanks so much!

  • 10 years ago

    I agree with zakiit, and no going down with not be a little bit too bold, this woman is ignoring your messages and calls and has something belonging to you.

Still have questions? Get your answers by asking now.