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P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 33101
Experience:  12+ yrs. of legal experience.
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I volunteer with a nonprofit (501(c)(3)) rescue. There was a

Customer Question

I volunteer with a nonprofit (501(c)(3)) rescue. There was a cat adopted to a couple; they signed a spay/neuter agreement saying the cat would be spayed before she is 4 months old. The cat is now 5 months old; when I spoke to the wife, she assured me that the cat had been spayed. When I asked for the name of the vet, she said it was fitz something.. I asked in what town .. She told me .. Then she snapped and said she had family over that she hadn't seen in 10 years and would get me the info later. I figured out the vet, called them up, they told me the cat had not been spayed or rabies. I went to the city's sheriff office and showed them the contract .. They had an officer escort me over. When the officer asked for the address, I showed him and he said "crap, he's the deputy" long story short, the husband answered the door, asked if I had a judges warrant, I said no and he told me to get off his f***ing property. How do I go about getting a judges warrant? It upsets me that someone of the law thinks they are above the law.
Submitted: 1 year ago.
Category: Business Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am truly sorry for this dilemma.

TO get a "warrant" you will need to file a lawsuit and prevail (obtain a judgment). What you are describing is a contract issue. The person who adopted the cat have not complied with their obligations under the contract. You can sue them and ask the court to order the cat be returned to you.

I agree with you...folks should be bound by their agreements. To enforce your agreement, have your organization find a lawyer who can sue to make this happen.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
It sounds like this will cost a lot of money when we are a nonprofit organization.. The cat was purchased for $75. Is there a way to do this pro se or is this going to cost more than it's worth just to hold them accountable? If so, why do we have them sign a contract if this is the roadblock that I'm going to hit. Granted this is the 3rd time in 2 years and over 250 adoptions. Just frustrated.
Expert:  P. Simmons replied 1 year ago.

You can only go pro se if you represent yourself. A corporation MUST use an attorney.

So you would need to either hire a lawyer, or find one to work for free.

YOu have a great case...the problem may be how to get it in front of a judge...

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
The lady who owns the rescue is just her .. The rest of the group is volunteers .. She doesn't get paid either (it's a nonprofit) so does that still apply?
Expert:  P. Simmons replied 1 year ago.

If you are a 501c3 you are a corporation. You can not go "pro se"

You have to use a lawyer to file a suit.

There is no exception to this rule.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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