Legal Question in Consumer Law in Massachusetts
October 2010 I offered to take a dying cow from its owner for $350,(the price of the sperm and the vet bill it had incurred ). The owner agreed and told me she didn't want to make money on the animal just to see that it didn't get wasted. After numerous attempts to contact her about this and another matter I put it on the back burner and didn't pay it . In October of 2011 she had a lawyer send me a bill for $1650 for a 625 pound organic grass fed veal saying that i never contacted to make a deal. While that may be the going price for a healthy animal this animal was dying ,had just barely cleared the 2 weeks needed to be off of antibiotics to be fit for human consumption. There was no way that this animal weighed 625 pounds as I only got 196 pounds of table ready meat . I sent off a letter of apology for the delay in payment explaining that as she knew I had been out of work for 15 months and that the squeeky wheels had indeed gotten the grease along with the check for the aforementioned $350 certified mail 5 days after receiving her letter.I received acceptance confirmation from the post office 3 weeks later. Last week I received another letter from another lawyer saying that if I continued to ingore her demand for payment she would bring me to court. I feel I have met the obligation and contest the following :
we agreed upon $350 not $1650
this animal was not a healthy veal but a sub par dying animal
this was not an organic grass fed veal but an antibiotic laden animal
a yield of 196 pounds of table ready meat prooves that this animal weighed 450 pounds at most not the 625 (no scale tag)
no contract
If I go to court and would lose would i also have to pay her legal fees ?
If I lost would i be able to make reasonable payments?
Do I need a lawyer ?
1 Answer from Attorneys
I would get a lawyer. If you lose, you could get screwed. It sounds like you have a reasonable defense. Sometimes in life, you get sued - call your congressman and tell them to close a few law schools - otherwise, hire a lawyer.
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