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Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 05-07-2012, 12:39 AM   #1
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small court claim

Hey guys,

So.. lately, I've been experiencing some bad luck, and just tonight I received a text from a previous buyer that bought one of my puppies about 5 months ago.

She said she would love to take me to court for this parasite the dog had called "mange"

long story short, my female ( the dam ) did have mange, but was treated and separated away from the puppies.

and when the lady came and bought her puppy, she bought a healthy dog and was really happy with it, all and all I did not sell her a sick dog, because if I did. She would obviously call me and let me know about it asap.

so anyways, now she is saying she will like to split the cost of the vet bill which is 500 (she must have seen some Class A vet, as mange cost 80 bucks to treat). and I did not say yes or no. because I don't see why I m at fault when you had the pup for close to 6 months already. and if I refused, she said she will take it to small court claim. and will come after me for $1500.

now.. she wanted to split the $500, which was for the vet. But now she ended the text message saying she will come after me for $1500, That includes the price I sold her the pup for.

Sorry guys for such a long read, but I have never had this issue with all the other puppy owners. and I don't see how I am reliable either for a pup that hasn't been with me for the last 6 months.

the puppy could've got it from going outdoors, meeting another dog, or even bad diet. because that IS how mange gets to the dog. and also like I said, I sold her a healthy puppy, her and her bf and her bfs brother all saw.

bottom line is.. she is trying to blame me for a sickness of her dog that I haven't seen for 6 months.

oh, and also she said she did not contact me because she lost my number, and she ALSO said she has proof from the vet that the sickness started 4-5 months ago. when she took her in ( basically when she just bought it ). now.. why did she not come to my house and tell me about it?

any input would be nice, again, sorry for the long read. as I don't want to leave anything out and cause people to suspect I am the shady seller. I will answer all questions asap, if I missed anything out.

Thanks
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Old 05-07-2012, 01:00 AM   #2
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Sounds like she's just trying to make an easy buck off of you.
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Old 05-07-2012, 01:03 AM   #3
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Ask for the proof that the vet found the sickness 4-5months ago. If she shows it, save your headache and pay half, if she can't come up with it, just ignore her and let her do what she wants. Did you have any written or oral agreement about the puppy's health when you sold it to her?
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Old 05-07-2012, 01:06 AM   #4
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Quote:
Originally Posted by Energy View Post
Sounds like she's just trying to make an easy buck off of you.
thats what my friends/family are telling me too, first she ask for $250, now she wants to come after me for $1500, thats a huge difference for a settlement.

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Ask for the proof that the vet found the sickness 4-5months ago. If she shows it, save your headache and pay half, if she can't come up with it, just ignore her and let her do what she wants. Did you have any written or oral agreement about the puppy's health when you sold it to her?
honestly.. I dont even see why I should pay a cent.

I gave her the vet health card. as I took them all in for shots and the doctor also checked their health. and I got the health card of what shots they ve had and etc.

every pup was healthy/perfect
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Old 05-07-2012, 01:09 AM   #5
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I don't know much about dogs but if the puppy was healthy when you sold it to her and you can prove that then don't even worry about your buyer.
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Old 05-07-2012, 01:18 AM   #6
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Quote:
Originally Posted by Energy View Post
I don't know much about dogs but if the puppy was healthy when you sold it to her and you can prove that then don't even worry about your buyer.
ok, I m just pretty stressed atm, now I have to go places, here and there if court happens.

I would have to go vet and ask for health card and etc.
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Old 05-07-2012, 08:17 AM   #7
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FIRST OF ALL, calm the FUCK down and stop all contacts. IGNORE ALL OF HER TEXT and say you will deal with her when you take her to small claims court.

1) she has to start the small claims process +fork out cash
2) she has to SERVE you the documents (she can do registered mail, or serve it to you in person
3) after than, you don't need to do anything. She can go file for any claims and SHE is the one that needs to prove she has all the info. She has to make the connections.
4) when you DO get the documents served, THEN you go and spend the time to get whatever health card needed.

IF it does get to that point, you can post on here again and we'll assist. A lot of times it won't even get to this point.

eg// how is the dog's diet, how is the dog been taken care of, did the dog spend anytime in those 5 months with ANY dog that might have had it, in those 5 months, can you verify it wasn't during any point of contact from anyone, anywhere? etc...

she doesn't have a chance.
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Old 05-07-2012, 09:12 AM   #8
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^ what he said makes sense. let her prove her case. reminds me of someone buying a car and it breaks down 6 months later and they come back complaining.
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Old 05-07-2012, 09:51 AM   #9
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Tell her to give a you legit documentation copy from the vet saying that the dog had this 4-5 months ago. When she does, contact that vet yourself to confirm the bs.
If she fails to show you shit, just tell her to fuck off. I would never pay someone just because they are threatening me with court bullshit. Also tell her that the good health of the pup was confirmed by your vet 4-5 months ago.

Also, dormant period of mange can be 4-5 months long??
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Old 05-07-2012, 02:04 PM   #10
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Quote:
Originally Posted by 6793026 View Post
FIRST OF ALL, calm the FUCK down and stop all contacts. IGNORE ALL OF HER TEXT and say you will deal with her when you take her to small claims court.

1) she has to start the small claims process +fork out cash
2) she has to SERVE you the documents (she can do registered mail, or serve it to you in person
3) after than, you don't need to do anything. She can go file for any claims and SHE is the one that needs to prove she has all the info. She has to make the connections.
4) when you DO get the documents served, THEN you go and spend the time to get whatever health card needed.

IF it does get to that point, you can post on here again and we'll assist. A lot of times it won't even get to this point.

eg// how is the dog's diet, how is the dog been taken care of, did the dog spend anytime in those 5 months with ANY dog that might have had it, in those 5 months, can you verify it wasn't during any point of contact from anyone, anywhere? etc...

she doesn't have a chance.
Thanks for the msg, now I understand what my next step is
really appreciated it

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Tell her to give a you legit documentation copy from the vet saying that the dog had this 4-5 months ago. When she does, contact that vet yourself to confirm the bs.
If she fails to show you shit, just tell her to fuck off. I would never pay someone just because they are threatening me with court bullshit. Also tell her that the good health of the pup was confirmed by your vet 4-5 months ago.

Also, dormant period of mange can be 4-5 months long??
yeah.. so basically if it does go down, it would be my vet health record vs hers.


Also, On another forum, some 60 year old lady is telling me to Just pay it and sign a paper saying its the last thing you will ever pay. because I bred the dogs and I have responsibility and needs to give gurantee.

She took the risk her self buying from a private seller and we did not sign anything, about the dog having mange or anything at all. she couldve went to a petstore and bought it for 3 times the price and get gurantee. but I didnt think i would needed to do that?
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Old 05-07-2012, 03:20 PM   #11
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What conversations did you have with her about the health of the dog? Did she ask anything? Did you disclose to her that the dog had an illness prior to her buying it? Is there any paperwork between you and buyer?

These cases usually rest upon whether or not there was intent on the seller to defraud the buyer (for example, you tell someone the dog is in good health but knowingly hold back certain details or mislead). If she can convince a judge this occurred, then you may be liable. You will need to demonstrate the sale was completed 100% in good faith you did your due diligence, shared all the details and now the health of the dog is her responsibility. Then you're off the hook.

One more thing. I believe she can only sue for the money she had paid for the vet bills. If she sues for the cost of the dog + vet bills, then that is essentially trying to cancel the sale completely and return the dog to you for a full refund. I doubt six months later that a judge would allow that to occur -- but I could be wrong.
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Old 05-07-2012, 04:33 PM   #12
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What conversations did you have with her about the health of the dog? Did she ask anything? Did you disclose to her that the dog had an illness prior to her buying it? Is there any paperwork between you and buyer?

These cases usually rest upon whether or not there was intent on the seller to defraud the buyer (for example, you tell someone the dog is in good health but knowingly hold back certain details or mislead). If she can convince a judge this occurred, then you may be liable. You will need to demonstrate the sale was completed 100% in good faith you did your due diligence, shared all the details and now the health of the dog is her responsibility. Then you're off the hook.

One more thing. I believe she can only sue for the money she had paid for the vet bills. If she sues for the cost of the dog + vet bills, then that is essentially trying to cancel the sale completely and return the dog to you for a full refund. I doubt six months later that a judge would allow that to occur -- but I could be wrong.
there was no paper work done, and everything int he first post is pretty much what we talked about.

also I have no problem at all going to court to show my good faith that I sold her a completely healthy pup. and I have no problem bringing witnesses either. its just that I did not want to go through all that trouble.

everyone on this forum and other forum is saying she is just trying to squeeze some cash out of me with threat of court.
which now i believe she is.. because the more people are commenting, it seems really unreasonable. basically saying IF i went and bought a car and 6 months later it broke down. I should get my money for the repair of the Cash I bought the car for?

I wish life was like that..
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Old 05-08-2012, 05:01 PM   #13
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She has to prove from HER vet that the dog is SICK from the beginning and then PROVE the dog is sick now. She has to show causation not correlation. Just cause people are holding umbrella when it rains, doesn't mean when you see an umbrella = raining.

Same thing. Just cause she THINKS it was from you, she has to prove it. Good luck.

DO NOT sign anything or give her ANY MORE ammo than she needs, to pay and then sign a form stating you have no responsibilities is already evidence they can use against you and that's a huge no no.

If she pushes you, you can send her A) Please do not send me text messages again as I will record all your text messages and will file all of them as a record and file a formal compliant as you are harassing me
b) if you want to resolve anything please have your lawyers contact me
c) if you own a business: I will record and document as I consider this slander; I will record and print out ALL the necessary forum post etc.

Good luck, this is a walk in the park for me. keep the updates coming.
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Old 05-08-2012, 05:40 PM   #14
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Thanks, I will do that if she contacts me again.

Thanks all (RS)
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Old 06-10-2012, 04:17 PM   #15
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okay, so a little update. the girl has texted me again saying

" you will be getting served I am suing you for 3000 and have the SPCA stopped by I have informed them about you and will be moitoring craigless to put flags up on all your ads"

she means craiglists, and i dont know what shes trying to say with craigslist as i didnt even post on craigslist.

and i also dont know what the 3000 sue is for now, for her precious time she took the pup to the vet? or the vet bill ($500) or for the price she bought the pup for?

help guys?
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Old 06-10-2012, 04:30 PM   #16
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She's bullshitting you. Like 6793026 said, just calm down and ignore her. She's not going to do shit to you. She's just trying to get some easy money.
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Old 06-10-2012, 04:33 PM   #17
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It sounds like she's bullshitting you and trying to threaten you into giving her money. You can always call the SPCA and see if they've had any reports from her or about you. People will often sue for "what they feel is appropriate damages for emotional injury" (which never gets fuck all). Tell her that you are waiting for the papers and will file an appropriate response when they arrive. Also tell her that you are keeping copies of all the messages that have been and will be sent for reference in the case.
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Old 06-10-2012, 05:36 PM   #18
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I thought she was bluffing too, but it seems to me shes still after this case after a month makes me think maybe she got more help from a lawyer or whatever?

and yeah i do feel harassed especially after all the times shes texted and keeps talking about coming after me for this for that.

at this point I also dont know how she is going to serve me.. I moved (not for this purpose) and she dont know my name.. only thing she knows about me is my cell phone number..
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Old 06-10-2012, 06:08 PM   #19
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you're stressing WAY to much..for something you haven't even been served off yet, and thats IF she is telling the truth lol
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Old 06-10-2012, 06:14 PM   #20
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Luder, you know how i am! LOL
i over think things before it happens
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Old 06-10-2012, 06:34 PM   #21
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Look, if I'm pissed off at you and I'm going to sue you for negligence and liability...I won't be talking about it over and over again and giving you forewarnings, I'll simply have you served.

Stop stressing about it and let this be a lesson to take the steps to protect yourself. Lack of evidence is not a protection on your part, it's being lucky. Take the proper steps to document your puppies well-being, their vet visits and the transaction between the buyer and yourself. Communicating via email is the best because you have a series of printable conversations that can be clearly understood in context.

I imagine, someone who wants to go as far as to take you to court now would've already done their due diligence when they bought the puppy from you and would've gotten vet. documents and a statement in writing from you stating that the puppy is in good health.
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Old 06-10-2012, 07:02 PM   #22
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If she does follow through and files a claim against you, you can always reply to that and say the things you have said in this thread. The numbers she's throwing at you are completely arbitrary and really nothing to worry about. I wonder how she would contact you if you changed your number, she can't serve you papers without your correct info btw
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Old 06-11-2012, 12:31 AM   #23
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1) she has to serve you IN PERSON, hand delivered to you.
OR
2) registered mail

Without knowing your name or your address, I don't see how that is possible.

She can say 3 MILLION dollars, but she has to give you
1) court paper work
2) instructions package on how to dispute
3) court paper work on the scheduled date for the hearing
4) she has to give you evidence (EVERY SINGLE PIECE)
5) why 3000? why not 3459, why not 2459.35, why not 3 million dollars

I don't see how she will have the balls to serve you but what evidence does she have?

I'm sure SPCA has enough shit on their plate to worry normal complains and YES, I'm sure the teen bitch will go on CL everyday trying to flag you. EPIC retarded.

WHEN you do get the court package and when she does SERVE you in person THEN you can ask us for instructions.

Just do NOT respond to the text BUT YOU MUST record the time she texted you just in case.
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Old 06-11-2012, 12:33 AM   #24
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If and once you get served, start working. Until then...just chillax and keep on keepin' on.
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Old 06-11-2012, 02:47 AM   #25
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Quote:
Originally Posted by 6793026 View Post
1) she has to serve you IN PERSON, hand delivered to you.
OR
2) registered mail

Without knowing your name or your address, I don't see how that is possible.

She can say 3 MILLION dollars, but she has to give you
1) court paper work
2) instructions package on how to dispute
3) court paper work on the scheduled date for the hearing
4) she has to give you evidence (EVERY SINGLE PIECE)
5) why 3000? why not 3459, why not 2459.35, why not 3 million dollars

I don't see how she will have the balls to serve you but what evidence does she have?

I'm sure SPCA has enough shit on their plate to worry normal complains and YES, I'm sure the teen bitch will go on CL everyday trying to flag you. EPIC retarded.

WHEN you do get the court package and when she does SERVE you in person THEN you can ask us for instructions.

Just do NOT respond to the text BUT YOU MUST record the time she texted you just in case.
Got it, your info always ease my mind.

I have record of the times shes texted and I havent responded at all.

Thanks alot man

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If and once you get served, start working. Until then...just chillax and keep on keepin' on.
start working as in?
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