EMAIL FROM TRACY HOSS/ MEISENBACH
TO
COLDBLOOD1@MSN.COM
2-25-07
& Max’s Response
Tracy:
I recently found your posts on fauna classifieds, as well as the fact you joined a yahoo appaloosa list at the behest of the moderator. Evidently you've decided to trash my reputation while taking no responsibility yourself.
Max:
You’re doing a good enough job of trashing your reputation – all by yourself.
Tracy:
After reading the tripe you posted I decided I'm probably going to sue you for public slander, as well as turn you in to my brother in law, who is a special agent for the IRS in Texas. I hope all your snake selling records are up to date and your financial files accurate. it was interesting to find your links where you have litters for sale.
Max:
You can threaten to sue, & threaten to sic your brother-in-law (We all have relatives in “high” places) on me all you want – There’s such thing as counter suits, & there is nothing illegal about telling the truth.
The IRS can have all of my records it wants.
I’m interested that you found links to litters I was selling – I’ve never listed any litters for sale ever!
It’s not illegal to breed & sell snakes, but it is illegal to threaten people – You can ask your lawyer about that.
Tracy:
I'll reiterate a few facts for you, which you seem to have forgotten.,
1) I did not "skip" town. I had my place on the market for 8 months with a BIG sign by the road. Anyone driving past knew I was moving.
Max:
Yep! And both Laurel & I talked to you before you moved. You told me that you didn’t have any money at the time. You told her some other stuff, but I’ll let her answer that as I didn’t hear those conversations. You also did not leave us a forwarding address or contact information. When we did have a potential mare to breed with your stallion, we could not find you. You had not only moved out of state but had changed your name.
Tracy:
2) Your mare lost the foal because you didn't remove her from fescue pasture. The first time I met your girlfriend was to treat the other mare she had for fescue poisoning because she didn't have any milk for her foal. It was not our responsibility that she lost the foal, it was poor owner management.
Max:
She was never on a fescue pasture, & we have never had a mare treated for fescue poisoning. The mare your stallion bred to reabsorbed the baby; it did not miscarry, & was in the early part of her pregnancy. Our other mare, the one you said had “fescue poisoning” with her first foal, was in foal at the same time as the mare we bred to your stallion. Our other mare was in the same pasture and had no problems with her pregnancy or milk production.
Tracy:
3) Your mare kicked the shit out of my stallion and tore up my barn because she was an idiot. I almost lost an entire breeding season because she kicked him right in the testicles.
Max:
Oh, well… Part of breeding horses… Laurel grew up near a horse breeding facility, she said they always hobbled the mares to prevent injury to the stallions. (Is this “poor owner management”?)
Tracy:
4) Your girlfriend asked for a refund WAY after she decided to not rebreed the mare. I told her that due to the time frame, almost 2 years after the initial breeding, that we didn't do refunds, we only did rebreedings.
Max:
It wasn’t a matter deciding not to rebreed that mare. According to our records we breed her to your stallion in August of 1996. She was palpated in foal in September 1996. When we found out that the mare had reabsorbed the pregnancy in the spring of 1997, we tried to get her to come into season again. She did not. You suggested that we breed to our other mare that had just foaled. We told you that we wanted to wait another year before breeding her. You said no problem. (We feel that it is healthier for the mare to be rebred every 2 years than every year.) When Laurel found out that she was finally pregnant in October of 1997, after dealing with fertility problems, she spoke to you about not wanting to breed her mare because she did not want to deal with a new foal and a new baby at the same time. (According to our math, that would make it one year and one month not 2 years.) You informed her that you did not have the money, but that you would give her another breeding to another mare, or we could wait until we were ready to breed our other mare who had already foaled twice. Laurel could not find any of her friends that were interested in breeding to your stallion.
Tracy:
5)You changed your phone number, and your girlfriend changed her last name. I had no idea how to contact her.
Max:
Our phone numbers have never changed in the 14+ years we have lived here.
My “girlfriend/wife” has never changed her name in the twenty years I have known her.
You, on the other hand, have been going by multiple names – You were Tracy Hoss while you were in Texas & are Meisenbach in Virginia, but supposedly were Meisenbach in the past…
Tracy:
6) You're now bitching about a case from TEN years ago. Let's look at Texas law:
Texas Statutes of Limitation
The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).
And Virginia law:
Virginia Statutes of Limitation
Open account: 3 years from the last payment or last charge for goods or services rendered on the account.
Written contracts (non-UCC): 5 years.
Sale of goods under the UCC: 4 years.
Virginia Judgments: 10 years, and renewable (extended) to 20 years.
Foreign judgments: 10 years.
So now you're harassing me in public on the internet over a debt that I legally don't owe ( the only thing I might owe is a rebreeding to one of your girlfriend's mares.)
Max:
We thought that we had a verbal agreement to extend the time period for “rebreeding”. When I make a verbal agreement, I stand by it. When you left the state and changed your name without informing us of your new address, we figured we were SOL. I really didn’t expect you to honor your end of the deal – Sure there is a statute of limitations; I understand that, but I can certainly post true facts about somebody’s character – There is no statute of limitations on that!
Besides, I wasn’t going to hire a detective over several hundred dollars, but when I got around to doing a Google search & found you had moved to Virginia, I decided to email you.
Tracy:
7) You were able to find my website but couldn't find my phone number on it? It's right there under the contact link, along with my email address. Why not call so this could be resolved before you started posting your bullshit all over the net? Hmm it's probably because you KNOW that I did NONE of the things you accused me of. And now you're thinking about posting some crap on the Appaloosa-Political Animal list? Go ahead, I will sue your ass into next week, because I have not only Texas law but Virginia law on my side. I also have vet bills from when my stallion was injured, the contract dates and witnesses. I remember when your girlfriend wanted me to give her my round pen as an exchange for the rebreeding. What a joke! A $2,000.00 round pen for a fricking rebreed on a crazy mare.
I know why she didn't want the rebreed, it was because she didn't want to clean up the fescue and she knew that the next mare would abort too. This is NOT a stallion management problem, it is mare owner mismanagement and we were NOT responsible for that. And I still talk to Dr. Hayes and her records can be subpoenaed to show that she did treat your horses for fescue poisoning as well as the damage to my stallion.
Max:
Yes, we found your website a year or two ago. Yes, we called and left a message and e-mailed you with NO response. The last time I’d talked with you on the phone was a worthless conversation that accomplished nothing. Since you never responded, I decided to post on the internet so that other people could judge your character.
There was no need to “clean up the fescue” because there was no fescue in their pasture! The reason Laurel did not want to rebreed was because she did not feel she would have the time for a foal while raising our child. When she told you this, you seemed to understand since you had a young child, but you still insisted on a rebreeding, which we agreed to.
We still use Katie, she’s a great horse vet & her word could never be disputed.
You can subpoena all the records you want. I don’t think they will show what you want them to.
Tracy:
Had you ACTUALLY contacted me, which you never have, I would have been happy to discuss a rebreeding to our young stallion, or perhaps a PARTIAL refund. I am not going to discuss either as long as your slanderous posts remain up on fauna.com and horse hobbyist and you remain a presence on the Appaloosa- Political Animal list. When these things are removed I will enter into a discussion to resolve the situation. I do not cheat my clients, but I also don't let them take advantage of me while mismanaging their horses.
If you think I'm kidding about suing you for slander or turning you into the IRS you're wrong. I will do both with no hesitation if your posts are not removed and you don't unsubscribe from the yahoo list. I am CC'ing this email to my lawyer, and my brother in law so you'll know how serious I am.
Max:
Well…Let’s see my wife, & I, both talked to you on the phone, while you were in Texas. I emailed and called you from your website, once I had tracked you down. I’d call that contact.
I guess we should have had our attorney contact you in writing, instead of trying to work it out in person.
Rebreeding one of our horses would be pointless at this time – I really don’t think our geldings would appreciate being artificially inseminated, & we don’t have any plans for acquiring any mares.
If you had informed us of your new location, or had responded to our phone message or e-mail a year or two ago, we would not have felt the need to resort to posting.
Tracy:
When you have complied with removing your slanderous posts you can contact me via email or phone and discuss resolving this issue. Should you chose not to remove the posts and contact me it will tell the court that you had no intent to resolve this matter and that your efforts were to harass me publicly and slander my reputation. I imagine the 200 or so good letters of reference will bear some weight against your complaint.
Tracy Meisenbach
www.trinityapp.com
Max:
It’s not slander, when it is the truth.
You on, the other hand, are making some outrageous claims about us.
I think you should consult your lawyer before you post anything else & dig yourself in deeper.
Sincerely,
Max Peterson