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12-21-2010, 04:56 PM | #1 |
YorkieTalk Newbie! Join Date: Dec 2010 Location: Florence, SC, USA
Posts: 1
| Hey yall at yorkie talk! =) Hey! I am new to yorkie talk and I am obsessed with yorkies! I unfortunately do not have my yorkie anymore Here is my story & I also have a few questions because I have no idea what to do... thanks! I received a yorkie for my College graduation present. He was the most precious thing and I fell in love with him at first sight *as did my fiance*! We named him SoCo. He lived with us for less than 24 hrs and became so ill. The next morning I woke up early to check on him. He was vomiting, wouldn't eat or drink, and he was like in a coma. I was so scared I tried calling all vets and emergency animal hospitals trying to find a place near by. Come to find out my new puppy had Parvovirus which is very deadly especially when they are so young. He was only 1.5 lbs when he died and so very tiny and precious. So here's the thing I called the breeder and told her my puppy died of parvovirus and I read over the SC breeders law and said they should give me another puppy and cash from my vet bills. We talked it over and she said she could not afford to pay for my vet bills but I can get pick of the next litter or cash of first dog sold. Now I know you are thinking DO NOT GET ANOTHER DOG FROM HER but actually it is a very long story. The breeders friend, another yorkie breeder, bought the dog from her to sell to me. When my puppy was at her friends house he got sick there. That lady never answered our phone calls after she heard he died of parvovirus so we had to call the lady who breed my dog. My breeder said she never lets her dogs outside so she will give me a guaranteed healthy dog this time and was very sad & sorry for my loss. It has been 7 months since I lost my little baby. I have been trying to call the breeder because she told me she will try again in November to get her yorkie pregnant so I can get my puppy. Now she is not answering her phone, text messages or voicemails. I have been calling her since the end of November. I do not know my next step in what to do. I have all documents of vet bills, the parvo test that said he died from parvovirus and SC Law that states she needs to pay me back or give me another dog. I wish I could get MY puppy back but that is not going to happen. I just do not know what to do because when I first spoke to the lady she was all "please I will work with you and I do not have money for vet bills but I promise I will work with you." Should I take legal action? Should I keep bothering her? I am at loss & still very upset. I wish I could share a happy story all about my new puppy who would be about 9 months old now. RIP SoCo you're so very loved forever & always mama's baby boy! All or any help would be greatly appreciated!! Thank you! Rachy |
Welcome Guest! | |
12-21-2010, 05:10 PM | #2 | |
BANNED! | Quote:
I would NOT get another dog from her, and I WOULD report her/take her to court/etc. Even if you cannot get your money back, I would report her to whomever you need to to get SOMETHING done about her. You DO have SC law behind you, it sounds like. Good luck, but I would look elsewhere for another furbaby. Too much bad blood and uncertainty? : ( | |
12-21-2010, 05:14 PM | #3 |
Donating YT 2000 Club Member Join Date: Jul 2010 Location: New York
Posts: 3,896
| I'm so sorry that you lost your little baby. I would not get another dog from her. I would see an attorney and see what your rights are and how you should proceed. Good luck to you. |
12-21-2010, 05:20 PM | #4 |
threadkillin' 6 pack Donating Member Join Date: Jun 2009 Location: USA
Posts: 1,242
| Make sure you have all your paperwork and copy of the SC law. Try one more time by registered/certified mail and email to contact her. Keep copies of the refusal and lack of response. Try to make chronological log of everything that has transpired. Take all of this and file in small claims court for all of your money back plus court costs. That will make you whole. The law is clear and there is no sense paying a lawyer for what you can do for a nominal fee, that will be reimbursed by the ruling.
__________________ lorelei, wife to gerry , momma to bear , baxter ,baby and bug Last edited by nana911; 12-21-2010 at 05:23 PM. |
12-21-2010, 05:32 PM | #5 |
Donating YT 2000 Club Member Join Date: Oct 2006 Location: FL
Posts: 7,651
| I would not get another dog from her either and yes, I would take legal action. You can take her to small claims court without a lawyer (which would probably cost more than you would collect). But.... a lawyer could be asked to draw up a letter telling her legal action will be started if she has not paid you the price of the puppy and the vet bills within 30 days. The lawyer will probably not charge much for doing this and the breeder may be shocked into giving you your money back instead of risk going to court, where you could ask for more (legal fees, mental anguish, travel to and from vet and lawyer, the lawyer may get very detailed here). You can do the letter yourself and save the legal fees completely, but if it winds up going to court, she will wind up responsible for the legal fees anyway. I agree a certified (signed receipt required) letter would be a great addition to your unanswered emails and phone records if you have them. Condolences on losing your little one. I know how quickly you fall in love with these babies and the hurt is there even if you only had them for a short time. Shop carefully for the next breeder. There are good breeders out there that gladly stand behind their puppies. This breeder should have money in reserve for "just in case" situations! When I sold puppies, I made sure I had money to return, in case something went wrong with a puppy. I gave a good health guarantee and made sure I had the funds to back it up. Thankfully all were healthy as can be and I never had to worry.
__________________ FlDebra and her ABCs Annie, Ben, Candy Promoting Healthy Breeding to the AKC Yorkshire Terrier Standard Last edited by FlDebra; 12-21-2010 at 05:34 PM. |
12-21-2010, 05:40 PM | #6 |
Senior Yorkie Talker Join Date: Jan 2010 Location: Middleton, WI, USA
Posts: 129
| I'm so sorry about your loss. If that breeder never lets her yorkies outside, then that's terrible. yorkies should go out multiple times a day. I would find a different breeder. But even better i would adopt a yorkie. Oh by the way, Welcome To YT! loving owner of Vinny |
12-21-2010, 05:41 PM | #7 |
threadkillin' 6 pack Donating Member Join Date: Jun 2009 Location: USA
Posts: 1,242
| I agree with FlDebra, if you can find an attorney willing to draw up a letter cheap enough it would save you the trip to court. If not just go for it. In a contracts case you cannot collect mental anguish. You might be able to, however, ask for punitive damages (punishment penalty) for the breeders egregious behavior. Same thing, just different wording... one you can get, one you can't, and you want to hurt her financially as much as you can.
__________________ lorelei, wife to gerry , momma to bear , baxter ,baby and bug |
12-21-2010, 05:45 PM | #8 |
Donating YT 2000 Club Member Join Date: Sep 2007 Location: North Carolina
Posts: 8,317
| What a horrible story. I agree with the others. This breeder is not breeding healthy puppies. Don't get another puppy from this breeder. You are just asking for more heartbreak if you do. It may not be parvo this time, but perhaps something like a liver shunt that may not show up for awhile. Take her to Small Claims Court. If you have good documentation, it shouldn't be a problem to recoup your money. |
12-21-2010, 05:46 PM | #9 |
Donating YT 12K Club Member Join Date: Jan 2006 Location: Council Bluffs Iowa
Posts: 12,552
| Contact the clerk of court to find out how to take her to small claims court. Ask for your money back, and for vet bills and for court costs. don't let her get by with this and don't get another dog from her. You don't need an attorney to write a letter. Tell her yourself that you are taking her to small claims court if she does not give you a refund. she won't want the bad publicity. Last edited by JeanieK; 12-21-2010 at 05:48 PM. |
12-21-2010, 05:49 PM | #10 |
Donating YT 4000 Club Member | One thing you will need to check is the statute of limitations on your claim. If you wait too long, you could be out of luck.
__________________ Don't get your knickers in a knot. Nothing is solved and it just makes you walk funny. |
12-21-2010, 07:01 PM | #11 |
Donating YT 500 Club Member Join Date: Apr 2010 Location: Clover, SC
Posts: 1,329
| Oh my. I am so very sorry to hear of your loss. I understand your quick attachment. I feel in love with my 2 through pictures. I wish you the best in getting this resolved. Be prepared for the breeder to lash back at you. If she feels like she is "backed into a corner" and her reputation is on the line then she may attack back.
__________________ Life is a roller coaster. Don't forget to throw your hands in the air and yell. |
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