Had a show cattle trader come to farm last fall and picked up 4 heifers and took back home with him. The verbal agreement we made was that he was to sell them and take his pre agreed upon percentage commission on them. Long story short, the calves were sold and I haven't received a dime. Trader broke off all communications a few months ago. All calves were registered animals. What are my options if any for trying to recoup the money?
Non paying show cattle trader
- Thread starter Kkane86
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Gargan
Well-known member
Uggh. Hate hearing these stories. Have the hfrs been transferred to anyone on their registration papers?
Gargan
Well-known member
If you know where the guys from, call the magistrate office and tell them the situation.
knabe
Well-known member
call john dutton from yellowstone ranch?
Doc
Well-known member
knabe said:
Nah, just go straight to Rip. He's the one going to take care of it anyway. The fewer people know about it the better.
Gargan
Well-known member
If they're too busy, check with Beth...Doc said:
Shorthorns4us
Well-known member
-- Love the Yellowstone references-- great show-- I would go straight to Beth also!
But seriously-- if these animals were sold and you did not receive funds, get a lawyer and file in district court to sue him for the value of your property. I know it has been awhile, but I would also try your local sheriff to see if you can file theft charges.
Take him to court and make him prove he paid you. One hard thing will be that your agreement was only oral-- the judge will have to determine who they believe.
But seriously-- if these animals were sold and you did not receive funds, get a lawyer and file in district court to sue him for the value of your property. I know it has been awhile, but I would also try your local sheriff to see if you can file theft charges.
Take him to court and make him prove he paid you. One hard thing will be that your agreement was only oral-- the judge will have to determine who they believe.
I had this happen to a friend who is also an insurance agent, he filed a theft report with his sheriffs office and then turned it over to insurance who went after him whole hog. So he got his money from the insurance company and the other guy is now forced to defend himself against deeper pockets.
We have seen this happen too often.
First off, I am sorry this happened to you. You felt you could trust someone, and that person clearly violated that trust.
Second, share the name of the trader with everyone in the group. Do this for a couple reasons. We all need to know so this person doesn't do this to anyone in the group. More importantly, someone that knows this person will see this post, and call the guy up and tell him that he better pay up right away. Exposing the person is likely the cheapest and quickest way to get your money.
Written contracts hold up much better in court than a verbal agreement. We all feel awkward presenting a contract to someone on the hood of a pickup. I get that. However, if the other party has intentions of paying you they will gladly sign it. If they throw a fit about trust and whatnot, it is a great sign that you shouldn't be doing business with them.
Good luck.
First off, I am sorry this happened to you. You felt you could trust someone, and that person clearly violated that trust.
Second, share the name of the trader with everyone in the group. Do this for a couple reasons. We all need to know so this person doesn't do this to anyone in the group. More importantly, someone that knows this person will see this post, and call the guy up and tell him that he better pay up right away. Exposing the person is likely the cheapest and quickest way to get your money.
Written contracts hold up much better in court than a verbal agreement. We all feel awkward presenting a contract to someone on the hood of a pickup. I get that. However, if the other party has intentions of paying you they will gladly sign it. If they throw a fit about trust and whatnot, it is a great sign that you shouldn't be doing business with them.
Good luck.
Start with a letter from your attorney. Let them know that you are going to seek a "judgement" and outline the penalties, seizure of assets including garnishment of wages. This usually gets their attention and prevents the run around with the legal system. I don't know any local law enforcement that understands these transactions or cares. They will say you gave them the cattle voluntarily and you don't have a written agreement. This is a civil matter.
Act like a debt collector (call everyday, call his friends, call his family, call his work). Keep it simple: "John Doe hasn't paid me for some cattle and I am trying to get a hold of him. Have him call me."
Good Luck.
Act like a debt collector (call everyday, call his friends, call his family, call his work). Keep it simple: "John Doe hasn't paid me for some cattle and I am trying to get a hold of him. Have him call me."
Good Luck.
I’m going through something different but similar. A taxidermist was supposed to do a shoulder mount on a deer I shot almost two years ago. I kept getting a run around so I called the sheriffs office and they said because it’s a civil matter then they don’t get involved. Their advice was to take the person to small claims court.
So getting the law enforcement involved might not help as much as you would like but taking them to court should. Keep all text messages, emails, etc between you and this person. Plus find out if the people that own the calves now will help out. You’re going to need all the physical evidence you can obtain because you don’t have the contract.
So getting the law enforcement involved might not help as much as you would like but taking them to court should. Keep all text messages, emails, etc between you and this person. Plus find out if the people that own the calves now will help out. You’re going to need all the physical evidence you can obtain because you don’t have the contract.
WinterSpringsFarm
Well-known member
- Joined
- Jul 8, 2015
- Messages
- 361
Gargan said:
Dude, if I had to fight someone I'd rather fight Rip any day. Not only will Beth kick the crap outta me, but she's gonna belittle me the whole time! She's one bad chick.
DLD
Well-known member
Talk to your district attorney. As others have said, you may be told that you essentially extended him credit, therefore it’s a civil matter. But if your DA is willing to help, one call threatening arrest can work magic...
I understand that you’d like to keep it civil and just between the two of you, but when they stop communicating with you, you pretty well know they have no intention of paying. Then you need to take the next step.
I understand that you’d like to keep it civil and just between the two of you, but when they stop communicating with you, you pretty well know they have no intention of paying. Then you need to take the next step.
mark tenenbaum
Well-known member
RyanChandler
Well-known member
A demand letter from your attorney should be step #1
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