Legal Question in Civil Litigation in Illinois
18 mths ago I sold a healthy horse to a 19yr old girl. I was skeptical at her ability to afford his keep. On the Bill of Sale I specified that she would surrender the horse if he was found without provisions and I would refund her purchase price minus medical costs if incurred. Under "I agree to the above conditions" she signed. Yesterday, after someone informed me of the horses condition, I went & did a well check and immediately called animal control & the police. Hooved Animal Humane Society is sending their Vet tomorrow. He is severely malnourished. What is the quickest legal way to repossess him?
1 Answer from Attorneys
Bring a replevin action in the Chancery Division of Cook County. Once you put up a bond, the sheriff will immediately go and return the horse to you. Then you will have a trial regarding the horse at a later time.
Another avenue is to file a motion for a TRO/preliminary injunction based on breach of contract in the Chancery Division. The judge will usually hear you within a few days.
As usual, ask the girl if she is willing to release the horse before going through the court system. A good letter will go a long ways in both informing her of your intent and giving her notice of a potential TRO/replevin action, and showing the court that you have no ill will toward this girl but are concerned about the horse.
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