Legal Question in Credit and Debt Law in North Carolina
I bought a puppy from a woman a few weeks ago.She was charged the next day, with animal abuse.She met me out by the road with the puppy,so I could not see the conditions in which these animals were living. Several people called the humane Society,, 200 animals were taken from her..I gave her a check for 220.00 and she told me I could post date a check for the following Tuesday.When I saw all this on the news I stopped payment on the post dated check that was for 180.00.The puppy was sick and was full of worms and skinny, I had to bottle feed her, she had no teeth and I didn't think she was going to live...I spens a lot of money to bring her back to health.When I took her to the vet, she only weighed 1 lb 7 oz....this woman calls me today which is Tuesday and said she wants her money or she will prosecute me..I would like to know what my legal rights are here, do I have to pay her the money?
Thank you,
Linda
2 Answers from Attorneys
I have no idea legally what the two of you agreed on regarding the puppy. She may have a claim against you and you may have defenses to the claim. Practically speaking, I cannot imagine there is a big chance of her suing you for $180 - it would not be cost effective and it seems like she may have her plate full at the moment with other legal problems.
You do have to pay for the dog. However, in theory, she should have to pay you for the fact that the dog was not healthy so you could counterclaim if she brought any kind of a lawsuit.
Did you and she draft any kind of a written agreement? Were there any promises of any kind made that she would deliver a healthy dog to you?
I think what I would do is write her a letter and send it to her via UPS or FedEx. I would explain to her the circumstances and the fact that the dog that she sold you was not healthy. I would send her copies of all your bills. Hopefully, the bills will add up to the cost of the dog.
Remind her about the news story about animals being removed from her care and tell her that you can resolve this in several ways: (1) hopefully your expenses are more than the cost of the dog, Tell her that since you spent all this money on the dog when you thought you were purchasing a healthy dog for the cost that you and she should call it even and that if she sues for the cost of the dog that you will counterclaim. (2) tell her that since animals were removed, you will eat the expenses incurred thus far. Ordinarily, you would give the dog back to her, but in light of the situation, you are giving the dog to the humane shelter/anmal authorities. Again, reiterate that you will sue in the even she comes after you for the cost of the dog.
Only if your expenses were less than the cost of the dog, I would see by how much and maybe offer to pay her $25 for the dog or something like that just to make this go away. However, before you pay her a dime, get her to sign a release reciting what has transpired and that you are paying her the money in full settlement of any claims that she has against you.
I agree with Attorney Rosner though - if she is facing charges of animal abuse/cruelty, then she has her hands full and she is probably trying to dig up funds to pay her criminal lawyer.
In the future, either buy through a reputable pet store or go to an animal adoption place. That way, you know the condition of the animals and will have a chance to see them before you buy.