Legal Question in Real Estate Law in Texas

Hello, to make a long story short, I live in texas. I had a verbal agreement with "julie" (barn owner) for her to board my horse for 325 a month. She was supposed to get me her boarding contract but never did. This was last june. Shortly after I lost my job and fell behind on board. After a couple months I realized I was gonna take a while to find a new job, so I had a buyer for my horse, then a medical emerg cameup with him (the potential buyer) so he backed out. This was end of oct '09. After that, julie told me that I was not welcome on her facility until I had her money. I asked if I could come out and take pics of the horse so I could get an ad up on the website, since he is worth 2x if not 3x what I osed her. She denied. Then I asked to pick up my tack (riding equipment) worth thousands plus sentimental items. She said not till I have her mom. Then january she asks me for money, I replied I had a job starting feb 1st and would have base plus commission as soon as it starts comin. Never heard back. March I updated her that id have $, then in april asked if she still had him and I had $ comin next week. No reply. Then asked about him and said I had money. No reply.

So I did some investigating. Found the ad on the internet she posted for my horse (back in dec) and had a friend call. He's been sold (private treaty) so I found her cell number, and asked her for my equipment back since she's all ready sold the horse. She refused to talk to me about until the next week. Next week I asked, and she said she on vacation and won't discuss till next week (which will be Monday 7/5)

So I have looked up the "stablemans lein" in texas, if I'm reading it correctly, she is not able to keep my equipment (bc the lein only applies to the horse) is this correct? And secondly, I have no idea how much she sold my horse for, but he was worth way more then I owed her. Either way, was it unlawful for her to sell him private treaty, since the stablemans lein says that the horse must be sold at a "public sale"

What, if anything can I do as far as getting my equipment back? And what, if anything can be done about my horse?

Please help!

Thank you


Asked on 6/29/10, 3:29 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Assuming your claim is under $10,000, you can sue her in small claims court.

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Answered on 7/03/10, 4:13 am


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