help on cattle sale

[ty378]

I sold 4 angus heifers 4 angus bull calves all calves were atleast 205 days of age.I had 2 born in march  so they didnt go on the first load to ensure they were big enough they went in Sept. they guy went on a payment plan first cheque didnt clear, but he made that right abpout 2 weeks after the first one, second cheque he took longer to pay but it did clear so in sept he asked if I had more cattle for sale so he asked if I would bring another heifer with the 2 bull calfs that went in Sept he gave me the third cheque but need time to pay for the last heifer it is nowMarch he has not paid, My lawyer sent him a letter and he has until march 6th to pay he emailed my lawyer back and told him he is counter claiming for 2000 because he lost 2 bull calves due to being to small and wernt old enough survive says he has a vet letter stating that. My calves are all givin bolus at birth shots and creep feed coming off of the cow at 600 plus pounds at 205 days. He dose not have cattle only horses, I told him several times to make sure he has the proper feed and should seperate the 4 bull calves from the yearling heifers. He also did nopt provide a shelter and insisted they were to be grass feed. Just before Denver he called to say they all drown and would pay he has changed his story a few times. I also withheld his papers and have told him scince day one he would get them upon full payment. So any advice from anyone as to what to do????

 

[GoWyo]

Listen to your attorney. 

 

[Woodland Farms Show Cattl]

I've been lucky so far but I don't let anything leave my place until it is paid for in full!

 

[sizzler14]

yeah sue him, and go to your doctor and get a paper saying he has cause mental stress on you and sue him for that also!

 

[leanbeef]

I would go pick up anything that isn't paid for. I've done it before...and I drove 14 hours one way to get there! I had tried everything I knew to work with the guy, and he kept giving me one new story after another. After he had agreed to send this heifer back to me on a truck from Denver, he and his cattle disappeared when it came time to hand her over. So I got in the truck & drove to Kansas, pulled up to his barn on Saturday morning, and I got no fight. His hired man loaded the heifer he'd bought 15 months before AND they gave me a bred cow to make up for the recip that came with the heifer he bought. My point is at some point, he loses the opportunity to be involved in the conversation about how this plays out. Ideally, you should be calling the shots here. That's how it works when you don't pay for something. I would take a police officer to go pick up the cattle if necessary.

 

[DLD]

Your problem is that you have extended him credit, so he hasn't, by definition, stolen your cattle - at least not in some states.  Talk to your D.A. and see if they can/will help - they don't have to if it's considered a civil matter, but many times just a letter or a phone call from them can end a lot of bs.  You can repossess them, just be sure you do it the right way, 'cause this guy sounds stupid enough to cause all the trouble he can..  Pretty sure it wouldn't be much trouble to pick apart his vet's statement, especially if the calves were 205 days old and 600+ lbs. 

 

[Top Knot]

As soon as that first check bounced, he should have become a "cash only" customer. By the sound of his management style, you better get that last heifer back ASAP if you think you have no hope of collecting. She won't be doing much on grass only. I wouldn't be concerned about his bluffing. If he can't pay you, how will he pay an attourney?

 

[RyanChandler]

I would go pick up anything that isn't paid for. I've done it before...and I drove 14 hours one way to get there! I had tried everything I knew to work with the guy, and he kept giving me one new story after another. After he had agreed to send this heifer back to me on a truck from Denver, he and his cattle disappeared when it came time to hand her over. So I got in the truck & drove to Kansas, pulled up to his barn on Saturday morning, and I got no fight. His hired man loaded the heifer he'd bought 15 months before AND they gave me a bred cow to make up for the recip that came with the heifer he bought. My point is at some point, he loses the opportunity to be involved in the conversation about how this plays out. Ideally, you should be calling the shots here. That's how it works when you don't pay for something. I would take a police officer to go pick up the cattle if necessary.

.

That's exactly how I would handle the situation.  I'd spend what the animal was worth in fuel just for the principle of it.  The police won't help you out here as this is a civil matter.  Even a judgement in your favor doesn't put money in your pocket.  You might be awarded a primary lean position, but again, that doesn't put any money in your pocket.  I would collect ALL that hadn't been paid in full.  I'd seriously tell him - "The conditions have changed since you've defaulted on our agreement.  I no longer except partial payment.  I'm here to collect."

 

[goodnight]

Listen to your attorney.   

Why do that when you can get all the great legal advice you ever wanted on a show steer forum???

 

[RyanChandler]

Listen to your attorney.   

Why do that when you can get all the great legal advice you ever wanted on a show steer forum???

Yea, because nobody has knowledge of any of the laws besides a licensed attorney  :

 

[goodnight]

Listen to your attorney.   

Why do that when you can get all the great legal advice you ever wanted on a show steer forum???

Yea, because nobody has knowledge of any of the laws besides a licensed attorney  :

I was partially joking, partially not. You are right...I know a lot of folks who know UCC law better than I ever care to. But, the OP said he had an attorney. He shouldn't be talking about this with anyone but his lawyer.

 

[BlkAngus]

In the future, maybe a written contract signed by buyer and seller would help.  Of course with a written contract you would have to make sure you are holding up to your end of things as well.