Dog Site - Dog Stuff
Dog Forum | Dog Pictures

Go Back   Chazhound Dog Forum > Dog Discussions and Dog Talk Forums > The Breeding Ground


Reply
 
Thread Tools Display Modes
  #101  
Old 09-19-2007, 05:50 PM
ToscasMom's Avatar
ToscasMom ToscasMom is offline
Harumph™©®
 
Join Date: Sep 2006
Location: Mother Ship
Posts: 6,211
Default

California law ensures that OP will NOT lose the dog. Also, you don't go to court of claims as the claimant and end up losing the product, it deals strictly with monetary issues and whether a dollar amount should be paid to the claimant or not. OP's Breeder would have to countersue to recoup costs of going to court, which would be interesting since it will be in their own county.
Reply With Quote
  #102  
Old 09-20-2007, 02:54 AM
malndobe malndobe is offline
Puppy Dog
 
Join Date: Jul 2007
Posts: 46
Default

Are you a lawyer, or otherwise in a position to gaurantee this?
It sounds like, at least on paper, ownership of this dog could be challenged by the breeder. The papers are still all in their name, OP doesn't have a contract or bill of sale, etc. I wouldn't want to risk loosing the dog by angering the breeder until I had all the paperwork in order showing I owned the dog, and nobody else had any sort of claim to it.
Reply With Quote
  #103  
Old 09-20-2007, 09:39 AM
ToscasMom's Avatar
ToscasMom ToscasMom is offline
Harumph™©®
 
Join Date: Sep 2006
Location: Mother Ship
Posts: 6,211
Default

Nope, just did arbitration for these types of cases for a number of years. Often, they are referred to an arbitrator after initial review, if the two parties agree. It expedites the case because courts are so bogged down. I think I mentioned that earlier in this thread. State laws supercede these contracts. They are written to protect buyers of dogs (they are still considered consumers even if it is a living thing they purchased). The reason some states have included that they do not have to return a dog deals with the emotional issue of loving a sick dog, I am sure. But when a person files a claim in small claims, the issue that is in the claim is dealt with. The claimant is asked what they expect to see happen and that is what the case deals with. If you go to your own county small claims site you will see that it is a monetary court, that is all I am saying. You may not like it but that's how it is.

I say why not wait and see what happens with sbfish's current plan and stop trying to scare him away from doing what he feels is right. Trust me, if his application indicates he doesn't have a case that belongs in court of claims, it will stop there and get his 25 dollars back.

P.S. He paid for the dog and has the receipts to show this. He owns the dog. Besides, do we really think a reputable breeder is going to deny selling a dog?

Last edited by ToscasMom; 09-20-2007 at 10:16 AM.
Reply With Quote
  #104  
Old 09-20-2007, 05:08 PM
Emmalee's Avatar
Emmalee Emmalee is offline
Top Dog
 
Join Date: Apr 2007
Posts: 506
Default

Welcome to the forums.. hope all works out..

Maybe next time you get a dog from a breeder make sure you have a contract and read it next time.. perhaps memorize it.. lol

Good Luck!!
__________________
[Thank you Jessie for my siggie
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 09:27 PM.


©1997-2013 Chazhound Dog Site