Q: Best recourse for a breeder who sold a puppy that died of defect,had health contract, and fraudulent paperwork?
Puppy was purchased from a breeder out of state. Breeder called two weeks before puppy was 8 weeks old and said he was in town with our puppy. We would have preferred to wait until 8 weeks, but said he wouldn't be available..we took the puppy. Puppy suddenly dies at 12 weeks. We call breeder, he blames us. We do necropsy, and offer to send to a specialist where he would only be financially responsible if puppy is found to have congenital issue..he refuses and completely explodes. We call his vet that's on his puppy exam papers, vet states he did not examine our puppy, and any documentation saying otherwise is fradulant. Breeder now says we are harassing him, and no further contact. He tranfered ownership in our state, of an underage puppy with fradulant info. We only asked for a replacement of equal value, understanding we may need to wait a while. He now says we are harassing him. I want to file in small claims, but not sure of correct course.
A: Filing in small claims is your best bet and also reporting him to PACFA or the equivalent agency in the state he is in.
A: It was illegal for him to sell you a puppy younger than 8 weeks old. File an online complaint with the Colorado Department of Agriculture, Pet Animal Care Facilities Act division. Furthermore, this individual may need to have a USDA (united states department of agriculture) license, so check with them as well. It is not harassment to sue him, but if he is located out of state, good luck collecting any judgment against him. Even if you win, you would have to file an entire new case in the state he lives in to enforce the judgment against him.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
