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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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A woman purchased a dog from me. I live in Lexington KY and

Resolved Question:

A woman purchased a dog from me. I live in Lexington KY and she asked me to ship the dog to her in New Jersey. She purchased one prior and paid for it. She refuses to pay for this puppy because she said the dog has a luxating patella. The dog was given a clean bill of health prior to shipping. May I sue in the State she purchased the dog or do I have to travel to New Jersey.

Thank you
Francesca Forbes
Submitted: 6 years ago.
Category: Legal
Expert:  Dave Kennett replied 6 years ago.

Dear JACUSTOMER - Technically you can sue in KY but the proper venue is NJ and if the defendant files a motion for improper venue it will likely be granted. The additional problem of suing in KY is that in order to collect you will still have to file the case in NJ so it becomes a double effort whereas if you simply file in NJ then the judgment will be there and you can proceed to collect. I would assume this will be a small claims case and you will not need an attorney. You can file everything by mail however if the case does not get resolved you will at least have to travel there for a trial.

She can't keep the dog and not pay however there could be an issue of damaged goods where she would have the option of returning the dog to you. Either way you have an excellent case to either get your money or a return of the dog..

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