Lawsuit and case fact of record.

Lawsuit and case fact of record.

04 March 2015

UPDATED TRUE FACTS OF THIS CASE PROVEN IN COURT
 
It has been brought to our attention again that this case is being misused in a public manner to once again state untrue facts regarding our actions in a search and recovery case. Because of this fact we are going to issue this statement. 
 
We have no way of knowing everyone’s involvement in the case in question. We know thousands were involved and bringing forth volunteers to help the victims in various ways is part of our plan of action to search for any horse.
 
In the 58 weeks working with the owners the name of the person hurling false statements was never mentioned to us as part of the process as far as we recall. We are not diminishing her statement that she was involved in some part of the search at any given time. That is what we strongly encourage people to do and we thank everyone who does help in any way and we thank her for her volunteer service.
 
We do clearly remember all the names of the people who we were told to us by the owners who played an active part in the search and recovery process directly. We have never claimed to have been the only ones involved nor have we ever said that we had the only flyer involved.  We knew shortly after the recovery that there were two flyers and multiple players, some of which we had not been given their name.
 
We can understand how anyone performing random acts of kindness would not ask for any of the reward money.  If I was a random person doing a random act I may not either.  I do know both sides of this fence personally. When our stolen horse was found we did not have to be asked to pay the reward. We paid exactly what they asked for and were happy to do so for the contributions the person made in the search and recovery process.
 
However, NetPosse.com is not a random volunteer helping with a missing horse case. What we do cost thousands each year and we have to have a way to afford running the organization, our projects and our programs. When a person  does  not have experience running a business it is hard for them to understand that we have to pay the bills that support programs like the ones that helped the victim in question. Like every business we do have to pay our bills each year. The reward payments help us keep NetPosse.com here as a resource for victims and horse owners.
 
We use the “pay it forward” reward money for victims, past, present and future so their report listings will be here for them when needed. No one who helps run the organization gets paid and all the money from the pay it forward program goes toward helping others.
 
We do help people with or without of a reward offered the same way but when one is offered it goes into our program. A person can choose to not use our organization if they do not agree with the agreement. The owner is chose to participate in the reward program on many occasions. In other words, if there is a reward offered the owner is well aware of the agreement and why it is in place and their responsibilities when the horse is located.  
 
We ran many tips through our organization during the time the horse was missing. We were on the phone with the owners each time they had a question. I consulted with them off and on the entire time the horse was missing on everything regarding the search and recovery. We were ground zero for all the actions the owners were taking during the 58 weeks.
 
It is easy to start a smear campaign in social media today. People can say whatever they want and get away with it for the most part. It is harder to take that smear campaign to court and win when the real facts are presented to a court of law.  We did not reciprocate in the smear tactics and let everyone say whatever they wanted to about our involvement because we knew we had the real facts of record.
 
Because these facts were proven in litigation we will briefly list a few to help clear up any misunderstandings the public reading this information may have. 
 
The facts presented here are all supported by emails, phone records, and statements of record and public webpages, some of which were used when it came time to go to court.  
 
COURTS RULED IN OUR FAVOR IN ABRITRATION HEARING 
 
We needed very little to prove our case and all of the documents were not even necessary. The court ruled in our favor very quickly because the facts were used, not innuendos or false statements.   
 
Here are some of the facts found to be true in the court hearing.
 
1. Horse was stolen and a friend of the owner filed the report with NetPosse on the onwers behalf.
2. Owner approved the report and terms of agreement by phone and used our website, flyer and consultations for the entire time the horse was missing to find the horse.
3. The alerts were sent out nationwide thought our network which brought thousands of volunteers to help in the search to the victims both private and public.
4. The founder of the organization helped the owner get connected to the internet at the local library, set up an email account and started teaching the owner how to post the Alerts in numerous places.
5. NetPosse.com Press Releases brought nationwide news coverage via TV, magazines and newspapers which brought more people to help in the search.
6.We were in touch with the owners the entire 58 weeks not only as a consultant but as a friend. 
7. There were verbal and written agreements in place regarding the reward by the owners prior to the recovery. The owners knew full well what their responsibilities were in regards to the reward and recovery. This was discussed many times during the time the horse was missing. There was no room for a misunderstanding between parties in regards to the promise they made to pay it forward for the organization when the horse was found. It didn’t matter if we were involved or not in the recovery either. The owner paid money toward the reward and admited they owed the money.
8. Weeks before the recovery the owner was offered a chance to reduce the reward on the website for public record. They chose to keep the reward was the same $4000  (even though they had not been given them oney by two additional donors) amount. We were told they had the money to pay at any time and wuold not forget the work our organization did when it came time to pay the reward.
9. When the horse was found we we were notified by the owner immediately and  was told it was our flyer that was in the event and that the owner would be paying us the reward and would not do wrong by us and the work we had done for them.
10. We were the ones who got them a free place to stay with a horse in route to pick Max up from the people who had Max. They never mentioned anyone else being with them on the trip, nor did the person who actually gave them the free place to stay. Someone else claimed to drve the truck to pick up the horse but that is not wht we were told by the owner.
11. After we asked for half of the reward, not the full reward, we were told our flyer was not involved.
12. It was proven in court that there were two flyers involved in the recovery. The flyer at the event was another flyer put up by a child in the area. The flyer did have this reference: FOR MORE INFO GO TO NETPOSSE.COM and the link to the webpage for the horse. 
13. The person who had the horse did pulled up the information on NetPosse.com and used that information and flyer to identify the horse. Therefore, we were very much involved in the recovery. This was all done before a call was made to the owner of the horse. We do have a statement from that person stating this fact. 
14. The person who had the horse was offered the full reward amount and given a free horse even though the person who actually saw the flyer at the event was told the morning the owner picked the horse up that he had no money to pay the reward when they went to ask for their money. They felt sorry for him and didn't ask. 
15. We did talk the person who had the horse in person at an event where they came to meet the founder of the organization. That conversation threw up many red flags and indicated there was more to this story that we were not aware of at the time. 
16. We were paid one installment payment on the reward by the owner.
17. The suit was filed one week short of three years after the horse was found, not a few weeks later as stated in the smear campaign. 
18. Leading up to the court date, the owner paid all parties involved an amount as part of the reward and affidavits were sent for them to sign. That is when two of the parties who received the checks contacted us with the rest of their stories. They did not return the affidavits prepared by the owner’s attorney. This attempt by the owner to getthese people to say otherwise in a sworn avadavit proved frutile. The owners attorney stated before the judge that he did not have their statements.  
19. The person who saw the flyer and her husband provided their recorded statements of recorded about the events to a private investigator further proving our involvement in the recovery process of the horse. 
20. The person who had the horse sent written information to us after we filed against the owner in court about how we were involved in the recovery from their end.
21. We did not sue a child as was stated in the smear campaign on Facebook. The suit was against the owner.
22. A settlement was discussed on the phone before we went to court and we were threatened with a smear campaign, which did take place. Many people were misled about the facts because we did not respond.  Many people have been misled who participated and read the smear comments because of misstated statements by the onwer.
23. The owner calimaed that he owed our organization no money and he won the case on Facebook. We followed through with the lawsuit based on the facts, won in court abritration and was awarded a judgment for 25% of the reward and 8% interest each year while it is not paid. The judgement has been filed in the owner's county and has not been paid. 
 
In closing, it saddens us that we have to take legal actions. When it comes right down to what happens in a case, only the people directly involved really know for sure what happen. We let the court decide on this one based on facts. There was so much more to this story than we even realized at first. We teach victims to go after the dishonest people in court. When we were the ones victimized by the very victim, how could we do anything other than what we did?
 
We know there will be some people who even presented the fact will not believe what they read. We could post all the emails from the owner that were used as proof and will be glad to do so in a public manner if we are requested to do so in writing by the owner himself. We'd love for everyone to know what really happen and how even the people with best intentions are being misled. 
 
We try to help victims. We did in this case from the beginning to the end. 

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