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  1. #1
    Join Date
    Oct 2007
    Posts
    1

    Default Dispute Over Payments to a Dog Breeder

    Here is the deal i bought a dog from a breeder. the breeder never talked to me directly, all communication with her was through a friend of mine. She never even discussed how much the dog was with me, i had to find that out through my friend who was also buying a dog from her and she refused to give me any receipts or even to do a contract, even after i asked her about doing so. When i went to get the dog i gave her a check for 300 dollars immediately upon arrival. I also sent her a money order a week prior for 150 dollars, which she claims to have no record of. She literally took the money and ran. I then started inspecting the dog, and came to realize the dog was sick and malnurised. I emailed her with my findings upon arriving home. I also notified her that I would be stopping payment for the check. She has started making threats about contacting the da in her county and having charges filed for theft against me. She swears they are felony charges. She also contacted my husbands chain of command in the air force. She now wants me to pay her 1500 dollars(300 for the check,200 in fees and 1000 in pain and suffering). So my questions are: What amount is considered a felony in texas state laws? And I live in another state so how does that work for the case? As well as isnt this considered a civil matter left for small claims court? What are dogs classified as in the state of texas livestock or domestic pet? I really appreciate any help i can get thank you!
    Oh and I live in New mexico but she lives in Texas and the transaction took place in texas.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dispute Over Payments to a Dog Breeder

    Obviously there was at some point an understanding of what the dog would cost. You can establish payment with the money order through your receipt from the money order.

    If you haven't paid the purchase price and you wish to keep the dog, she can sue you for the additional balance owed. If she lies about the price and sues for more, you and your friend can testify as to the actual understanding. As you apparently went to Texas to collect the dog, she should be able to sue you in Texas. You don't get "pain and suffering" damages in a breach of contract case.

    If you didn't want to pay for the dog because it was sick, you should have returned the dog. It will be difficult to argue that the dog wasn't as represented, as you have nothing in writing, but you are free to argue that as a defense or counter-claim if she sues.

    Did she attempt to deposit the check and have it bounce?

    We have no way of knowing if she is actually trying to involve the police, and even less of a way of knowing whether a prosecutor will deem the case worthy of charges (or what charges would be authorized).

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