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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 39420
Experience:  30 years in civil, probate, real estate, elder law
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I raise puppies. Recently I sold a puppy to a lady. She came

Customer Question

I raise puppies for sale. Recently I sold a puppy to a lady. She came and picked from two available. Puppy was too young to leave so she came back a week later. Puppy very friendly and well adjusted. Some over a week later she appeared at my door unannounced and basically threw the puppy at me stating she could not care for it. It barked all the time and her neighbors were upset with her. We usually don't take puppies back due to lack of quarantine facilities but made do. Said she did not want compensation for puppy. Contacted a local attorney and she stated lady had relinquished her right to puppy so to do what needed to be done. Puppy was very nervous. Left it in my house while I fixed a temporary home for him. When I returned the puppy was barking endlessly, growling at every move I made, cowering if I approached it and even biting at me when I reached to pet it or pick it up. Even our 9 yr old granddaughter who spends a lot of time with the puppies took 4 days to win his confidence.
A week later the lady contacted me wanting her puppy back. I refused to return it to her due to the apparent abuse issue. She became very verbally abusive to me and my family. She made a trip to our residence unannounced. I was not home and my family, not knowing what the situation was, refused to give the puppy to her. Again abusive.
My question - We normally get $500 for the puppies. We have a $200 nonrefundable down payment to hold policy. Since this was thru PayPal I thought they would honor that. In fact I thought that they would honor the entire amount. But since it was a pickup they honored none of it. In the meantime I found a good home for the puppy and got $300 for him. Can I take her to small claims court for the $200 lost income and maybe some compensation for all the hassle?
Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA I am Ray and will be the expert helping you today.

You can file small claims here seeking judgment for your losses in this matter.Certainly you are not the one at fault and you may decide to pursue this yourself.You do not need a lawyer to file such a suit.You seek judgment for your losses and filing fee.Once you have a judgment you would seek to collect on it from this other party.

You have the right to bring a small claims suit and seek to recover your losses from the other party here.This would be your remedy and no lawyer would be necessary in small claims.You can argue that there was a breach of contract and you were damaged.This would have been an oral contract if you do not have a written agreement.And I understand why you would want to pursue this as an innocent party.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.