Legal Question in Credit and Debt Law in Michigan

Justification for Cancelling a check

I drove to MI to adopt a pet. When I got home, the pet was very sick - took her to the vet the next day and was told she was on the verge of a severe respiratory infection - illness did not just develop in the time I had her (1 day). I cancelled the check I used for the shelter's ''required donation'' (it is tax deductable). Am I justified in sending her a new check minus the vet charges I incurred for unknowingly adopting a sick pet?


Asked on 2/26/04, 11:49 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: Justification for Cancelling a check

First of all, let me preface by saying this matter is probably governed by Michigan law, and I am not licensed in Michigan. Therefore, I cannot give you legal advice on this matter, but here are my thoughts anyway. Also, I'm not a veterinarian, so I can't give you any animal medical advice either.

I can't imagine the shelter gave you a warranty regarding this pet, especially considering they probably don't know that much about your pet's history. It might be kennel cough, which is fairly common in shelter-housed animals. It is serious, but it will pass, usually without any treatment. But of course, check with your vet. Based on the limited facts you've presented, I don't believe you are entitled to deduct your vet fees from your "donation." There are always going to be veterinary expenses with any animal from any source. So I suppose it depends on you. Does the shelter need and/or deserve a donation? If yes, then they should receive the full amount, and probably more. If no, then you probably should not have acquired a pet from this shelter.

Also, be careful about actually taking that tax deduction. Since you received something of value for your "donation," the entire amount cannot be deductible.

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Answered on 2/26/04, 1:29 pm


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