The New Journey.............. Determining the Training......

MiKael's Mania - Arabian Horses Archive on March 5, 2011, 1:34 am


Part OneThere is a downside to the broad sweeping statement I had used in my reply to their counterclaim. You darn well better be telling the truth because, if you are not, it could come back and bite you in the b*tt later. If you have overlooked a statement that was truth and have now denied it in this statement, then you have affected your credibility should the court happen to notice.Credibility was pretty much this entire case. It was all going to come down to providing to the court adequate
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The New Journey.............. Plaintiffs Reply......

MiKael's Mania - Arabian Horses Archive on March 4, 2011, 1:19 am


Part OneWith the information I'd garnered at the law library I confirmed the first thing on my agenda after the replevin hearing was to reply to BG and WF's counter claim. There were issues there that needed to be addressed. It was imperative that I go through the paperwork filed against me and answer any claims I didn't agree with.If I didn't dispute them now, they woud be considered to be accurate for later whether they were or not. I would lose all recourse for challenging anything I'd overlooked
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The New Journey.............. A Little Research......

MiKael's Mania - Arabian Horses Archive on March 3, 2011, 1:29 am


Part One I knew when I left the courtroom that day that I had research to do. I had been so focused on getting my paperwork filed and doing what the judge had ordered at that first hearing that I had no idea how to go about the next step in this case. I knew what that step was but that was pretty much it. As we left the court house, I told Dave I wanted to go straight to the law library, I was going to gather as much information as I could to see what the steps in this next process were so I could
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The New Journey.............. Replevin part 2

MiKael's Mania - Arabian Horses Archive on March 2, 2011, 1:32 am


Part OneI don't remember what the attorney said next. Whatever it was it wasn't accurate and I interjected my truth again. The judge cut me off saying there was no point in arguing this here, that's what a trial was for. With a gap like this obviously a trial is what it was going to take to get this matter resolved. The only thing left to do at this hearing was to determine who would have possession of the horse until the final outcome was determined.Things definitely got confused for me here. I
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The New Journey........... the Replevin Hearing .......

MiKael's Mania - Arabian Horses Archive on March 1, 2011, 1:30 am


Part OneI can tell you that day in court was a tough day. While I did debate in high school, it's just not the same thing as going to court as your own attorney. Of course, I have seen hearings on tv but they don't show you how things get started there. What you usually see is the hearing already in progress. All those attorneys and clients waiting. Who's here, who's not? What order they're going to proceed. I was lost.I had no idea what to expect of the process. I knew court etiquette but didn't
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A New Journey............. A Little Theory

MiKael's Mania - Arabian Horses Archive on February 28, 2011, 1:31 am


Part OneI had a theory about BG and WF's intentions. By now I believed they wanted to get the horse for nothing, or practically nothing anyway. Either it had turned out to be more work than BG had planned or he had put as much into it as he was willing or maybe even a little of both. Either way he didn't want to give up keeping Storm and he figured he didn't have to. Certainly he figured he done enough work he "should" get the horse even if it wasn't the amount he'd agreed to do. When the numbers
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The New Journey...........The Counter Claim..........

MiKael's Mania - Arabian Horses Archive on February 27, 2011, 1:30 am


Part OneThe following week I received a letter from their attorney stating she was legal representation for BG and WF in this case, 706500. As far as I knew the next thing to happen would be the actual hearing which was scheduled for 1:30 PM June 24 in courtroom 101 at the Pierce County District Court.Then just a couple days before the hearing I received paperwork of the Counterclaim filed by the defendants. In that paperwork was a sworn declaration made by BG claiming his version of how he had
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The New Journey.......... One More Try and Some Information....

MiKael's Mania - Arabian Horses Archive on February 26, 2011, 1:33 am


Part OneAfter the unsuccessful attempt to pick the horse up and after receiving the letter from their lawyer, I tried speaking to MD again about her involvement with BG. I did not tell her I suspected her of telling them our plans but I did suggest that she might be crossing a line and maybe she should carefully consider what she was doing. I don't recall if this conversation was before or after I initiated the lawsuit but it was in close proximity to that event because I remember asking MD if she
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The New Journey.......... Taking a Stand....

MiKael's Mania - Arabian Horses Archive on February 25, 2011, 12:32 am


Part OneWith the deadline for compliance in the attorney's letter being June 4, I knew I had to act quickly. Keeping in mind the conversation I had had with the equine attorney about this case, I knew if there was to be legal action, I needed to be the one starting it. I still didn't have the $5000 retainer but that didn't mean I couldn't start this legal action on my own. Who really knew this case better than me anyway?Despite the proverb, A man who acts as his own attorney has a fool for a client,
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The New Journey.......... Revelations.....and an Insult....

MiKael's Mania - Arabian Horses Archive on February 24, 2011, 12:49 am


Part OneI discovered, quite by accident, that the lease on the palomino mare had not been renewed nor replaced with a purchase agreement. In addition, there were no payments of any kind being made even though MD had led me to believe that was the case. The owner had tried several times to get MD to redo the lease or commit to buying the mare and MD had made promises she had not kept. I also learned that the second mare that I had been told by MD was there on a lease for GD was really not leased
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The New Journey.......... Daffodil...

MiKael's Mania - Arabian Horses Archive on February 23, 2011, 1:05 am


Part OneIt seems to me the things going on with MD and GD at this time are a bunch of disjointed references. I didn't really know what to do with any of these circumstances. They just seemed to keep piling up, a bunch of little odd pieces of information I really couldn't make hide nor hair of. I'm going to try to lay them out here in the order in which they happened. How they fit in, only time will tell.There really was not much communication going on between us. If I did not contact them, there
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The New Journey.......... Some Turmoil...

MiKael's Mania - Arabian Horses Archive on February 22, 2011, 1:10 am


Part OneAs stressful as this whole thing was it was not the only thing going on in my life at that time. This journey is really about the culmination of all of those things and not just these issues with BG and WF trying to keep my horse without having really paid for him. Throughout this time things with Solidare were beginning to go south. The stress of that last trimester with Solidare just did not get better. As I was trying to focus on this situation with BG and WF and what I was sure was headed
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The New Journey.......... My Reaction...

MiKael's Mania - Arabian Horses Archive on February 21, 2011, 3:12 am


Part OneDave thumbed through BG's accounting paperwork given to him by WF. Then he looked straight into the woman's eyes and said, " You need to get real. You and I both know this is bogus." The look on the woman's face told Dave she knew what he was saying was true although she was never going to admit it. WF stammered just a moment before Dave finished speaking, "I'll show these to MiKael." as he picked the report up and got ready to leave. " There's no point in even talking to you until BG comes
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The New Journey.......... BG's Accounting...

MiKael's Mania - Arabian Horses Archive on February 19, 2011, 11:11 pm


TagPart OneIt took a while before that accounting was actually provided. Seems like there was another meeting at sometime in there that wasn't productive where the accounting was again requested. We weren't prepared to continue talking to WF without this paperwork and Dave let her know that was the case.The day did come when WF gave Dave an accounting of the work he claims to have done as well as additional charges he figured he was entitled to receive. This information came on four sheets of paper.
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The New Journey.......... a Little Input..... and a Request...

MiKael's Mania - Arabian Horses Archive on February 19, 2011, 1:31 am


Here's the initial series Wrapping Up a Difficult Summer that led to this series if you missed it.Part OneYears ago when Legs was barely broke, I was in a vehicle accident right down the street from my farm. We were just making the right hand turn when some kid tried to pass us on the shoulder plowing right into the right rear quarter panel on my truck. I was thrown into the door and my head and shoulder struck the window not hard enough to break the glass but hard enough for me to see stars. My
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The New Journey..........a Trade??.........

MiKael's Mania - Arabian Horses Archive on February 18, 2011, 2:06 am


The initial series Wrapping Up a Difficult Summer that led to this series.Part OneWhile I certainly had hoped that BG would respond to that last email so I could get more of his perspective for my case, I really didn't expect it. I knew they probably thought they were sitting there with an ace in the hole having those signed papers. I figured it wouldn't be until they learned I was now the one with the ace in the hole that I would hear anything from BG or WF. I suspect had the papers transferred
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The New Journey..........My Response.........

MiKael's Mania - Arabian Horses Archive on February 17, 2011, 2:08 am


Part OneOnce I had the original papers cancelled, I moved on to responding to BG's last email. It took me a couple of days to write an appropriate response. I was so angry, I needed to take my time so the anger didn't spill over and wreck what I wanted to do. I took a lesson from BG when I did my response. To keep track of what I was answering, I pasted BG's responses in bold into the message portion of the email. I did not include the list of work that BG told me he figured paid for the horse although
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The New Journey..........Heading in the Right Direction

MiKael's Mania - Arabian Horses Archive on February 16, 2011, 2:15 am


Part OneI knew the instant I sent off the email asking BG about the money he still owed me for Storm that whatever dispute BG and WF were having over whose name would appear on the papers would no longer be important. I suspected they would immediately try to negotiate those papers even knowing that the debt had not been fulfilled in my eyes. Instead of trying to resolve any conflict, they would take the easy route sending those papers into the registry so they could keep the horse regardless of
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The Fork in the Road........... The Worm Turns....

MiKael's Mania - Arabian Horses Archive on February 15, 2011, 12:46 am


Part OneBy this point it didn't take a rocket scientist to figure out where this was headed but I wanted it to be perfectly clear what BG meant. I wanted him to admit he was keeping my horse and not doing anymore work for me AND more importantly that we HAD a contract.Now I was thinking of those things I would need if BG really did try to get out of paying for Storm. I very carefully worded my emails to extract all the information from BG that I could get. I was after anything in writing that might
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The Fork in the Road........... Exactly What Is This?

MiKael's Mania - Arabian Horses Archive on February 14, 2011, 1:14 am


Part OneBG and I were not scheduled to work horses until Tuesday morning so I guess I should have known I would have no response to my actions until Monday evening. It was mid evening when I got a text message from BG that read, With all these people being deleted off of your friends list, where does that leave us?My response to him via text wasI don't know. Where does that leave us?I got a response via text that was also sent to my email. These first emails from BG I will include in their entirety
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