Stopping Payment on a "Nonrefundable Donation / Contribution"

[sapphos]

My question involves a consumer law issue in the State of: Florida

Can anyone tell me if it's legal to place a stop payment on a check that is for a contract that says non-refundable DONATION.

I adopted a dog and was told she was heartworm positive and they would pay for the treatment but the treatment process, recovery time, and chance of her dying were completely downplayed. Just a few days after her immune system started showing signs of problems through skin issues and so I returned her. I was initially told she would be a FOSTER TO ADOPT and my check WOULD NOT be cashed until she was given a clean bill of health. The following week when I signed what turned out to be a full adoption, I was told they needed funds for their account and they were going to cash the check after I asked if they would still be holding it. When she started to get sick just a couple of days later, it took me repeated texts, emails, calls over several days to get any response. I finally drove her back myself to expedite the process. I was then told a couple of days later that they had delayed her HW treatment due to what the vet said were skin issues due to ingestion of something. I had had enough of dealing with the rescue and as my check had not been cashed a week later, and I had no dog and no longer felt comfortable dealing with the rescue, I put a stop payment on it. Three weeks later I receive an email from the director stating I owe them for the adoption fee and her (3) $48.00 fees she received as a result of the stop payment. She "nicely" told me they wouldn't ask me to pay the emergency vet fees (which were quite low for an "emergency" vet) for the "third degree burns" that she had. Another piece of misinformation - after being told two times it was ingestion and then it changed.

I just want to know if I was within my rights to put the stop payment. Should I have to pay them anything or should I just offer to pay the returned fees. This entire process was a complete mess I would like to close.
The contract states: "For the non-refundable donation of $200.00 under the following strict terms and conditions: Any fee paid by the undersigned is a voluntary contribution/donation to enable it to continue saving more lives. The donation is not refundable. This is an adoption - Not a purchase."

[Mr. Knowitall]

You refer to agencies and directors. Are we talking about a 510(C)(3) charitable organization, a nonprofit animal shelter, a person who fancies herself the director of a self-fashioned rescue, or something entirely different?

[Conrad Hunter]

Stopping payment on a check in some situations can be criminal. However this situation seems totally a civil matter.

You signed the agreement and thus you accepted its terms. They could sue you in small claims and win.

Unless you could put on a case for fraud or misrepresentation and convince the judge of that.

For purposes of the agreement, the exact status of the org does not matter. The 501c3 status is just a matter of deducting donations from taxes and has nothing to do with the agreement.

You of course remember what is said about good deeds.

[Mr. Knowitall]

Conrad, when you don't understand the legal issues you are best served by not commenting.

There is a difference between a promise to make a gift or donation to a charity and a similar promise to a non-charitable organization. There is also a potential impact on the viability of a claim for a "gift" or "donation" when we're talking about a for-profit enterprise engaging in tax avoidance for what is actually the sale of goods (in this context, the animal), even though everybody involved knows full well that the "adoption fee" is actually a purchase price. (The typical "rescue" may call the fee it charges a voluntary adoption fee but, for a typical "rescue" of that sort, snowballs have better chances in Hades than do people trying to adopt from them without paying that 'voluntary' fee.)