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  #21  
Old 09-15-2007, 06:07 PM
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ToscasMom ToscasMom is offline
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Small claims court costs vary by location. Some states it is a couple hundred dollars to file, most are around $50.
Name me one state that has this limit and I will wash your car.

The maximum for small claims in the USA generally ranges from $1000 to $2500

A judge "with any sense" or the abitrator they appoint will ask PLENTY of questions. The issue here is, the person bought a dog, the dog was sick, the breeder said it was nothing, the owner vetted the dog, and there is no contract that instructs the owner what to do.
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  #22  
Old 09-15-2007, 06:11 PM
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Again,
The breeder more than likely honestly thought there was no problem. After all, even your vet misdiagnosed the real problem. But you as the buyer thought there was. At that point it is your responsibility to either take the dog to the vet or return it to the breeder to deal with the issue. You went to the vet, you were told there was a problem, you could have taken her back at that time as well and allowed the breeder to deal with the problem. After the vet you took her to the emergency room, again, you had another choice, you could have returned her to the breeder and let the breeder be finacially responsible.
At any point in all this you could have made the choice to make this the breeder's responsiblity, but you chose not to. You chose to make it yours. It is not fair for the breeder to be responsible for your choice of treatment.

You yourself said that this breeder is well known. What benefit could it possibly bring this person to purposely sell you a sick dog? The answer is none. They did not know it had an ear infection as it was probably not showing itself until the next day (was she shaking her head, itching and wheezing when you picked her up? If so why did you take her home?)....if you did not see that there was a problem, then how is the breeder supposed to see that there was a problem? The truth is she, the breeder, could no more tell that there was an ear issue boiling then you could.
The moment there was an issue and you called her, you had a choice. Take her back or take on the finacial cost of treating the issue.
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  #23  
Old 09-15-2007, 06:12 PM
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Originally Posted by ToscasMom View Post
Name me one state that has this limit and I will wash your car.

The maximum for small claims in the USA generally ranges from $1000 to $2500

A judge "with any sense" or the abitrator they appoint will ask PLENTY of questions. The issue here is, the person bought a dog, the dog was sick, the breeder said it was nothing, the owner vetted the dog, and there is no contract that instructs the owner what to do.


You did not read what I wrote correctly. I said the cost of *filing* the claim was a few hundred dollars in some states but around 50 in most.
I said nothing about what a person could be awarded.
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  #24  
Old 09-15-2007, 06:13 PM
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Sbfish, if you need help locating your court of claims and how to file your claim, PM me.
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  #25  
Old 09-15-2007, 06:13 PM
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Originally Posted by RedyreRottweilers View Post
If I were the breeder, I would not want any relationship with someone who was going to hold me hostage over some (un-necessary IMO) vet treatment and costs, and who would go post all this stuff on some public bulletin board dragging my name through the mud.

In fact if this happened to ME, I would likely DEMAND the return of the dog and refund the purchase price as soon as the dog and the papers were returned to me.

However, I would never have let anyone leave with a dog without first signing a contract. You go to court with no contract, you pay your money and you take your chances.


A well said voice of reason. Yes, dragging this out on a public forum is tacky indeed.
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  #26  
Old 09-15-2007, 06:14 PM
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Originally Posted by ToscasMom View Post
Sbfish, if you need help locating your court of claims and how to file your claim, PM me.


Yes, do file, but don't be suprised when you get your hand bitten off by the judge.
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  #27  
Old 09-15-2007, 06:23 PM
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all righty then. Not the case, do not listen to this horsecrap. Judges are dealing with regular people in court of claims. It's not like Teeeeeeeee Veeeeeeee, trust me.

Are you in Orange County Ca? looks like the fee for filing claims is $25, which is about average. Small claims if for the little guy and the judge will not be Judy.

They will set a preliminary date and most likely forward your case to an arbitrator. Get the forms here and look them over.

http://www.occourts.org/civil/smclaims.asp
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  #28  
Old 09-15-2007, 06:26 PM
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Boemy Boemy is offline
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California's law falls hardest on sellers of unhealthy dogs, but hobby breeders do not fall under its provisions except for the extremely active ones. It applies to anyone who sold, transferred, or gare away two or more litters during the preceding calendar year.

Buyers have 15 days to document contagious or infectious disease, one year to document congenital or hereditary defects. The seller has 120 days to produce advertised registration papers. If the seller fails to do so, the buyer may return the dog for a full refund or keep the dog and receive a refund of 75 percent of the purchase price.

If the dog is proven to be ill or to have hereditary defects, the buyer is entitled to a replacement plus reimbursement for veterinary expenses related to certifying the dog's illness, up to the price of the dog including sales tax.

The buyer may also choose a refund plus reimbursement for veterinary expenses related to certifying the dog's illness, up to the price of the dog.

If the buyer elects to have the dog treated, the seller is required to cover up to 1 1/2 times the purchase price of the dog in veterinary expenses.

It is important to note that the cost of testing to certify a dog unhealthy could double what a seller is obligated to refund to the purchaser. This makes it very expensive to sell ill and defective dogs in California.

http://www.consumeraffairs.com/pets/lemon_ca.html
So I guess the question is did the breeder sell two or more litters in the previous year?
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  #29  
Old 09-15-2007, 06:30 PM
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Well done Boemy

To court of claims though, a puppy is no different than a washing machine, unfortunately. It's property, a purchase, just as if you purchased a washing machine that stopped working two weeks later and the vendor tells you the problem will go away but it doesn't. The question is, was the washing machine broken and if so, did it have to be fixed?
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  #30  
Old 09-15-2007, 06:42 PM
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However, I would never have let anyone leave with a dog without first signing a contract.
And RR that is one obvious difference between you and this breeder.
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