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Did you purchase your cat from a pet store or breeder?
Obviously you would like them to find the cat, but if they can't do so, what would you like to have happen?
Ok, being a pet owner myself, I can understand the extreme frustration and upset that you are experiencing based on their rather lackluster response to losing the cat due to their negligence. And as lousy as it seems, they don't have to go out and look for the cat if they don't want to engage in a search to find him.
However, if they don't, and if the cat is not found, then since pets are considered personal property, you would be limited to suing them for the cost of the cat due to their negligence in losing him. It has been well established in the law that damages for emotional distress are not compensible because there is no way to accurately determine them.
I would think that a week to ten days would be a reasonable amount of time to wait to see if he showed back up or was found before you filed suit.
And yes, I definitely think that you would be excused from paying for that since you didn't receive the "benefit" of a healthy cat's company to enjoy. So you didn't get the benefit of your bargain.
Ah...ok, that makes a difference.. I hate to say it, but probably not if it was that long ago.. I would definitely ask for it though and let a judge decide. He might award some portion of that as damages since you didn't receive the full "value" of the cost of the surgery..
I don't think I would do anything just yet because he could show up or be found at any time and this isn't something that an attorney is going to take on a contingency fee basis. So you will have to pay the attorney up front and then ask the judge to reimburse you for your costs as well as for your damages.
I would probably wait the 10 days and then go talk to one to send a "demand letter" to the vet for the damages and costs threatening to sue them if they don't pay. In most situations, they will just settle with you rather than have to hire their own attorney, be dragged into court, and lose.
You are very welcome. Glad to help any time..
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