Legal Question in Civil Litigation in New Mexico
Recovering stolen livestock property
Months ago I loaned a horse to an individual who in turn loaned the horse to another individual who then gave the horse to a friend. Upon learning this I have tried to retrieve the horse which has also been illegally transported across state lines. I have my registration papers from the American Quarter Horse Assoc., a tatoo registration and a brand registration on the horse which all give me title to the horse. The other individuals do not. One individual gave the other a handwritten "bill of sale" without the appropriate information according to state law.
I have worked with the livestock board in both states and they literally agree that I should be given my horse back based on their investigation. State DA won't persue the matter, calling it a civil problem, even though there are nine felony implications. Local attorney's state they don't handle this type of case. Isn't this just a case of title? I have legal title to the horse and no one else does. Where can I go for assistance, and how can I get the horse back quickly before something happens to him?
1 Answer from Attorneys
Re: Recovering stolen livestock property
I'm not licensed in New Mexico, so there may be some provision of local law that I don't know which would allow you to get some other type of relief. It seems to me, however, that your only remaining remedy is a lawsuit. Law enforecement can't pursue every case, and there is no way I know of to make them pursue yours.
I don't see why the lawyers you spoke with have a problem with this "type" of case, as it is a simple conversion action. The fact that the property at issue is a horse instead of, say, a car shouldn't make much difference. Of course, if the horse isn't vaulable and/or if you aren't prepared to pay the lawyer (who probably won't want to work for a percentage of the horse!), you might not be able to interest anybody in representing you.
If the horse isn't valuable, consider a small claims suit. If the horse is worth a lot, you may want to pay for a lawyer.
By the way, if you think the person to whom you lent the horse (but not somebody else down the chain) intended to cheat you, you can also sue for fraud. This will entitle you to additional damages, and may help you get an attorney more interested.
As I said, however, this is coming from a lawyer who does not know the intricacies of New Mexico law.
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