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07-12-2006, 10:43 AM | #1 |
Donating YT 2000 Club Member | Ethics? We attempted to sue the seller of our Yorkie dog under the Calif. Lemon Law for selling us an unpedigreed/unregisterable dog (at an unbelievable price) and selling us a dog with Kennel Cough and 4 other infections. We withdrew our lawsuit today because the seller told the mediatior that she was not willing to settle/negotiate, and that she would appeal any judgement to the State Appeals Court which would involve the hiring of attorneys and about $10,000 to $20,000 in filing fees, etc. Must be nice to have deep pockets while being unethical. Let the buyer beware. |
Welcome Guest! | |
07-12-2006, 10:46 AM | #2 |
Owned by my Furbabies Join Date: Jan 2006 Location: Ohio
Posts: 1,482
| Sorry to hear about this. I hope you post this breeder under the bad breeders section. Sometimes you never know what you will get. Did you check out this breeders references? Will your puppy be ok? |
07-12-2006, 12:22 PM | #3 |
I heart Hootie & Hobbs Join Date: Jan 2006 Location: USA
Posts: 7,149
| Is your yorkie well now? I hate you had to go through this! Everyone makes mistakes. Thanks for the warning. |
07-12-2006, 12:46 PM | #4 |
YT 2000 Club Member Join Date: Nov 2005 Location: USA
Posts: 2,992
| Take this unscrupulous breeder to Small Claims Court. With proper documentation, etc., I can imagine that you won't win your case. If she loses, she can file an appeal - But with a good case, the chances are that you will win again....and possibly more. Plus - she must file an appeal in "good faith" --- meaning that she feels and can show that she should not have lost the case. If she files an appeal in "bad faith" -- she is putting herself in more jeopardy - and in a position where she can be fined further, ordered to pay court costs, and others costs to you as well. Filing an appeal in bad faith means: (1) Filing an appeal without strong support for your position, (2) Intending to harass or delay the other party, and/or (3) Filing to encourage the other party to abandon the case **** Doesn't it look like any appeal she would file would be in "bad faith????" From what you have said, it sure sounds like it to me. I really doubt that when push comes to shove that she would really do it. For the above reasons --- I see no reason for you not to pursue your case. If you can document all that you have said about her - (and this is the key) - I think you would win your case hands down....and, if it came to it, you would win even more at an appeal. Don't let this low-life sleazy breeder intimidate you. Take her to court. ***** There is something totally wrong with the picture you presented -- that you are being threatened and manipulated into a position where you can't afford to get justice.. This is not the way the court system works. It will work for people like you who have been taken advantage of by unethical dishonest people like the breeder you are describing. The only thing that should keep you from going to court is that you can't prove and document your side of the case. Otherwise - you have no excuse for not going after this person. Again - don't let her intimidate you... You have the upper hand her -- so go get her!!! Judge Judy would nail her to the cross!!!!! Carol Jean |
07-12-2006, 12:53 PM | #5 | |
Donating YT 3000 Club Member Join Date: Jan 2006 Location: Indiana
Posts: 4,685
| Quote:
__________________ Janet | |
07-12-2006, 01:28 PM | #6 |
Donating YT 2000 Club Member Join Date: Apr 2006 Location: us
Posts: 2,255
| Small claims court is the way to go!!! Don't give up!!!! I hope your yorkie is okay!!!!!!!!!!! |
07-12-2006, 01:43 PM | #7 |
YT 500 Club Member Join Date: Mar 2006 Location: Al, Heart of Dixie
Posts: 581
| I think she is trying to scare you thinking you might not have as much money as she does. She would be stupid to spend that amount of money over one puppy rather than just take the dog back and give you your money especially if the first judge declared you proved your case. She would be stupid to spend that much going thru lawyers and taking a chance on losing and still having to take back the dog and give you your money plus all the court cost. I think this is sort of like black mailing you to give it up. I would go to small claims court and just see how that one goes. If she appeals it you can just drop it if she actually prefers to do it and you cant contend with the competition of her hiring lawyers and all. But I can not believe anybody would be that stupid. take her on to small claims court if you can back up your claim and see if she appeals it.
__________________ :Please Pray for our troops and support the USA. Linda |
07-12-2006, 02:11 PM | #8 |
YT 2000 Club Member Join Date: May 2006 Location: Alabama
Posts: 2,225
| maybe you could report her somehow so people would know what kind of person this breeder is?! the better buisness bureau fda anything at all to ward people away maybe post adds and such until they cooperate with you loosing buisness is loosing money and maybe eventually they could be shut down all together! also yes it may be a bluff just to get you to back off but you could sue for your dog and all incured costs like lawyer and vet fees so on i don't see anyone siding with someone like that personally...maybe call judge jusy then pople who watch it nationally would know! |
07-12-2006, 02:28 PM | #9 |
YT 2000 Club Member Join Date: Nov 2005 Location: USA
Posts: 2,992
| QUOTE: If she appeals it you can just drop it if she actually prefers to do it and you cant contend with the competition of her hiring lawyers and all. ------------------- NO NO NO --- if she appeals it in small claims court -- don't drop it. Yank that woman the extra mile - and, you'll win again. If you drop it - you have just let her intimidate you again. No No No!!!!! Plus - if she is doing it for that reason - she will be fined even further - and you'll win even more. Please don't let her get the best of you..... PS: You can consult a lawyer (and pay them) regarding going to small claims court --- but this really shouldn't be necessary if you can document and prove your case. Remember - there are no lawyers in small claims court. Carol Jean |
07-12-2006, 07:47 PM | #10 |
Donating YT 2000 Club Member | This occured this morning at Small Claims Court. She brought a vet, paid a copy service to copy our vet's records, brought 8 employees and about 20#s of paperwork to show that Kennel cough is common....etc., etc. She told the mediatior she would not mediate, not pay any judgements, and would immediately appeal any judgements or motions to the highest court. What I said was the truth, but we can't afford to pay attorneys to fight her. I understand there are others who are very dissatisfied with this breeder. She bragged she had sold 1000 dogs last year without any complaints. This makes her a puppy mill who dresses in Dior, wears a Rolex and drives a lexus. she apparently has deep pockets. I will post her name, when I figure out how to do it without getting in trouble to find others who have been scammed or disappointed by her. I was so sure this was the right thing to do but sometimes you have to give up the fight. |
07-12-2006, 07:55 PM | #11 |
YT 1000 Club Member Join Date: May 2005 Location: Minnesota
Posts: 1,292
| So what happened? who was in favor you or her? |
07-12-2006, 08:15 PM | #12 | |
YT 1000 Club Member Join Date: Feb 2006 Location: Northeast Ohio
Posts: 1,105
| Quote:
__________________ Linda and her Baker's Dozen, RIP my angels Reggie & Bo | |
07-12-2006, 08:24 PM | #13 |
Donating YT 2000 Club Member | We withdrew the complaint for now. I will start a new thread to see if anyone else knows of this breeder.....maybe I will be able to find some others who will go out on a limb with me. |
07-13-2006, 04:55 AM | #14 |
I heart Hootie & Hobbs Join Date: Jan 2006 Location: USA
Posts: 7,149
| If YOU are suing HER in small claims court, you should not have to pay your attorney unless YOU win the case. 99% of plaintiff attorneys don't require payment unless you win. SO, what is there to lose?! |
07-13-2006, 05:09 AM | #15 | |
Donating YT 12K Club Member Join Date: Jan 2006 Location: Council Bluffs Iowa
Posts: 12,552
| Quote:
There have been many occasions in my life where I could have sued and won, but just let it go. Those people will have to answer for their deeds some day. Vengence be mine sayeth the Lord. | |
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