This is in reference to a question I previously asked:
I decided to sale my lovely dog because our finances pushed us to live in an apartment, we cannot have a LARGE dog. Sale price is $ 1000 w/breeding&showing rights. (Verbal agreement). She wanted her physically and gave a down pymt of 200, and then a pymt of 300. She agreed to give a 3rd pymt before Dec 25...now she won't even call me or answer my calls. She is angry, because the 2nd check she wrote bounced and wanted me to pay her "bounced" fee of $ 90. I said NO, because she wrote a check w/o funds...not my responsibility. I agreed to give her the AKC registration when she payed in full...so the dog is still legally mine. I don't know what to do, I love my dog, and she is only 1 yr old...I hope they don't breed her before this dispute gets resolved. When we made the transaction, he assured me she would wait until the dog was at least 2yrs, now I don't trust her and I am afraid for her health. What can I do? Please help...I am depressed and desperate...
Sorry, that was vague. I did get the $ 300 because I cashed it at her bank. She claims that the check made her bounce a few items in her bank, she thinks I am responsible for that.
I have a an e-mail from her. She acknowledged that I requested $ 1000, she denied "commiting" to it. She also acknowledged giving me a "payment". Maybe I can use that as proof.
Answer by my avatar is hot but I'm not
I'd call the sheriff and have them go with me to retrieve the dog, hand her $ 200 back and get the pup. Make sure you have all the documentation to show the sheriff when you go get her.
Answer by Johnny B
Yes its a civil court matter. You have to let the judge decide.
Answer by Stupid Should Hurt
I would expect that you would get the dog back. You provided the dog and she agreed to make payments for it. The biggest problem you have is that it was a verbal agreement, but if you still have the AKC paperwork and proof of the bounced check, that should be enough to prove your claim. If you file in small claims, you will need to specify what remedy you are seeking from the court. The sooner you file, the better.
Good luck!
Answer by Kimba
Verbal aggrement? Always get everything in writing, especially a drawn out sale like this. You can take her to court, but I hope someone witnessed the verbal aggreement.
Answer by _Heather_Cakes_
go take her back from them...legally your name is on the papers and its still your dog. so they have no legs to stand on with police. no contract nothing written down so basically its your word against theirs, but you have the papers so I would take her back and not worry bout them anymore. I was in a similar situation me and my fiance were selling a camping trailor to a guy for 300 dollars. he paid us 100 the first week 50 the next , none the next and the next week wanted a refund and wanted to back out, of course he new before hand we only had a verbal agreement, so the police asks the guy, what do you want us to do sir? you have no proof you gave them anything for any sale of any kind. and that was that ;)
Answer by laughter_every_day
The first few answers are probably incorrect. While some courts could order rescission under some circumstances, small claims courts generally have very limited jurisdiction and cannot issue such an order. Furthermore, all you have is a plain old breach of the contract. It is unlikely that any court would order the return of the dog.
Answer by AJ
It depends on what you sue for in small claims court. If you sue for the return of the dog and win, the judge will award you the dog and may or may not make you return the funds you have received. If you sue for the remainder of the money and win, that is all you will get.
Answer by rickinnocal
Small claims courts can award ONLY monetary damages. They do NOT have injunctive authority (The power to tell someone to do something)
If you win, she'll be ordered to pay you the balance owing.
Richard
Answer by Barry C
> so the dog is still legally mine
that is hardly clear to me. Seems you sold it and there is a dispute about terms.
Small claims court is where that is resolved.
If you want the dog back, it is fair to ask for that as a remedy. But be prepared for them to offer to settle for less then the amount owed before court, or for the court to order them to pay the amount owed.
Answer by Who C
Probably not, I have known they only deal with money. You can sue for the money if you want, and probably win. Good luck.
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Orignal From: If I win at small claims, can the court give me the dog back...or only money?
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