Legal Question in Credit and Debt Law in Texas
Small CLaims
I purchased a pet from a breeder, the dog was sick. The breeder promised to replace the dog but has not done so. I want to know what my options are, can i take the breeder to small claims for the price of dog and all associated medical costs and if so what forms must i fill out and file?
2 Answers from Attorneys
Re: Small CLaims
Small Claims in Texas will handle claims up to $5,000 but not a penny more. See your nearest Justice of the Peace for information on filing a Small Claims action.
Re: Small CLaims
Perhaps, assuming that you have a claim. Small claims court generally works on a $5,000.00 limit, so if you paid more, you may be limited to only a $5,000.00 recovery. When dealing with live animals, sellers can have defenses for conditions or diseases of which they had no knowledge at the time of the sale. Additionally, it would matter whether or not there was a written contract of sale and whether that contract had any warranties or guarantees regarding the condition of the dog at the time of sale or whether you merely purchased the dog "as is."
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