I've been swindled. - Paw Talk

slickbeetle · #1 10-28-2004, 10:45 PM

Back in April of this year I bought a bengal cat from some a bengal breeder. When I bought to cat we both signed a contract and it that contract they were supposed to send me his papers. Well, they never did, and have blocked my emails. Also, when I was at their house they kept watching(and ran over to where he was at one time) him like he was going to crap in the floor. And they kept telling us that he might experience some Diarrhea do to change of water and diet(and a little of this might be expected). At the time I didn't think anything about. He had diarrhea pretty bad before he had even drank or ate anything from my house. Any way to sum it up, I took him to the vet and he had round worms and had had them for awhile. Its really sad to know that they knew he had round worms and did nothing about it. Do any of you know if there is anything I can do to get my papers and maybe report this to somebody?

Chrisanne · #2 10-29-2004, 12:47 AM

small claims court for breach of contract?!

**Scarlette** · #3 10-29-2004, 09:11 PM

Gee, you didn't happen to get this cat in Oregon, did you? The same thing happened to my mom with her Bengals. After the cats were neutered she sent the paperwork to the breeder and the breeder never sent the registration papers. The breeder never answered her emails and wouldn't answer her phone (caller id is a real pain sometimes!)

My mom didn't put up too much of a fight because it really wasn't worth her time or effort since the cats would never be bred or put in shows. It's just the fact that the breeder didn't honor her own contract that really irks me. If we lived closer I would be driving to her house, knocking on her door and giving her a piece of my mind!

Z Car Barbie · #4 11-03-2004, 04:11 PM

SlickBeetle, it appears that you may have a claim for breach of contract, as well as fraudulent misrepresentation, however, it would really depend on the content of the contract itself. If the breeder has breached the contract against its terms, then you could sue on the breach and request compensatory damages (actual monetary expenses), as well as force the breeder to execute the documents you need to register the kitten. You could also sue on a fraudulent misrepresentation claim and seek punitive damages (money paid by the breeder to punish him for being deceitful to you and to help prevent him from doing it to others in the future - this would also include reimbursement of the complaint filing fees and service of process fees you paid to have the breeder sued and served). You would, however, need a copy of the contract you signed, as well as an Expert Affidavit (written statement from your vet), stating the kitten's medical condition at the time it was examined, and that, in his/her opinion, the breeder knew, or should have known, the kitten was not healthy at the time it was sold to you.

In the State of Arkansas, you have 3 years from the date you became aware of the "injury" (or 5 years with a written contract) in which to file a Complaint in the Small Claims Court of the county where the breeder resides or where the contract was signed (whichever is the case). The Complaint form can be obtained from the court. The breeder (defendant) will have to be served with a copy of the Complaint and Summons by Certified Mail or by a Sheriff (additional fee applies, however, it's best to have the Sheriff them, because if the breeder refuses to sign for the Return Receipt on your Certified Mail piece, then you may put them on-notice of being sued, and might flee from the Sheriff in his attempt to serve them later).

After being served, the breeder will then have 20 days (30 days if he lives outside the State of Arkansas) in which to file an Answer to your Complaint with the Court. If no Answer is filed, then you could obtain a Judgment By Default against the breeder, however, collecting on the judgment can sometimes become a major hurdle. If the breeder does not pay the judgment, you would need to obtain info. on any real property (assets) the breeder owns and file a Fi. Fa. (lien) against the property within each county where the property deeds are recorded. If you are only seeking to force the breeder to execute the documents needed to register your kitten, then it may well be worth it for you to sue. Otherwise, you might be out even more money, with no way to get it back from the breeder if you cannot locate any assets he owns to lien against.

Note: Attorneys are not allowed to represent anyone in Small Claims Court proceedings. If you or the breeder hires an attorney during the pendancy of the action, then the case will be transferred to Circuit Court.

pitbulliest · #5 11-06-2004, 10:29 PM

That's very unfortunate that you got your cat from a backyard breeder... I would suggest making a claim for a breach of contract...and well, doing a heck of alot of research before you ever get another animal from a breeder again. There are just too many BYB out there

lilchris_28 · #6 06-15-2005, 12:00 AM

Quote:

Originally Posted by pitbulliest


	There are just too many BYB out there

That's too too true... and it's really sad. Before I knew anything about BYBs I got both of my Chihuahuas from a couple of BYBs. The second one I got she told me she would send me the papers... That was December 2003. Now that he's grown up, I'm 99.9% sure that he isn't purebreed, and I paid $300 for what I suppose is a mutt... But I love him, and other than the fact I'm mad I could've adopted a mutt for $100 and saved a life, he's worth it...lol

slickbeetle · #7 06-15-2005, 07:01 PM

Quote:

Originally Posted by pitbulliest


	That's very unfortunate that you got your cat from a backyard breeder... I would suggest making a claim for a breach of contract...and well, doing a heck of alot of research before you ever get another animal from a breeder again. There are just too many BYB out there

No it was not a back yard breeder. I was in their house for probably and hour and there cats were pure bred let me tell you. Gorgeous cats. They had a website but it is now down....And all of their cats were registered and in fact I have seen cats on several breeders websites that were offspring of these peoples cats as well as the father of the cat I bought. They just didn't bother to register mine. You see after I confronted them about the round worms, they got pissed and of course denied it and blocked my email etc.... I KNOW they knew he had them. Whats weird, is they live in a nice house, had 1000$ bengal breeding quality cats, and they didn't take him to the vet. Heck they could have gotten a pill from the vet. Maybe they didn't like him. He was very cowardly when we got him so I'm guessing they were mean to him for some reason. He's a world of a different cat now. **** fine specimen. Either way it doesnt matter. To much trouble to sue. He's a great cat and wouldn't go back and change it for the world.Here's a picture of him. If he had shorter hair he would probably be breeding quality or close to it.

lixx · #8 06-15-2005, 08:38 PM

Still a BYB. Just cause the have a pretty site, registered animals and a nice house does not make them quality breeders.

lilchris_28 · #9 06-15-2005, 10:45 PM

Quote:

Originally Posted by lixx


	Still a BYB. Just cause the have a pretty site, registered animals and a nice house does not make them quality breeders.

That's right.

Nikki6496 · #10 06-20-2005, 08:51 AM

I agree, a quality breeder stands behind their animals. In sickness and health!!! A real breeder would have already treated that kitten for round worms, and would have registered him as well. It sounds like they were only in it for the money. Vets cost money and instead of bringing him they kept their money and let him live like that. That is not a reputable or quality breeder.

RareBreedExotic · #11 08-22-2005, 03:26 AM

Quote:

Originally Posted by slickbeetle


	No it was not a back yard breeder. I was in their house for probably and hour and there cats were pure bred let me tell you. Gorgeous cats. They had a website but it is now down....And all of their cats were registered and in fact I have seen cats on several breeders websites that were offspring of these peoples cats as well as the father of the cat I bought. They just didn't bother to register mine. You see after I confronted them about the round worms, they got pissed and of course denied it and blocked my email etc.... I KNOW they knew he had them. Whats weird, is they live in a nice house, had 1000$ bengal breeding quality cats, and they didn't take him to the vet. Heck they could have gotten a pill from the vet. Maybe they didn't like him. He was very cowardly when we got him so I'm guessing they were mean to him for some reason. He's a world of a different cat now. **** fine specimen. Either way it doesnt matter. To much trouble to sue. He's a great cat and wouldn't go back and change it for the world.Here's a picture of him. If he had shorter hair he would probably be breeding quality or close to it.

it is not their job to register your cat, but they can refuse to give you papers. your best bet would be to call www.cfa.org or www.tica.org and submit the contract to them for investigation. they can suspend breeders for things like this and maybe even issue you more papers. you may have to do a dna test, though, to prove lineage. e-mail me for more info as i have a friend who judges the cat shows and she may be able to help.