Legal Question in Credit and Debt Law in Texas
Papers on horse
About five years ago I bought a regestered horse on a one year pay off agreement. During the pay off time I used both checks and money orders to send payments to seller. Some of the money order receipts have been lost. Seller will not give me papers on the horse, claims that I still owe money after all this time. I do have paperwork to show that I have cared for the horse all this time. Is there a way to force him to provide me with the papers?
1 Answer from Attorneys
Re: Papers on horse
That's a difficult situation, since the statute of limitations has run for almost every cause of action you could bring against the seller. Is the value of the horse greater than the cost of your maintenance? If so, you could demand payment on a stableman's lien for taking care of the animal, and force the sale of the horse to foreclose on the lien.
If the value of the horse is greater than the maintenance to date, then you may be able to force the issue if the other side doesn't realize that you are barred by limitations; that is risky inasmuch as that also opens the door to a counterclaim by the prior owner which would otherwise be barred by limitations as well.
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