Studio City, CA asked in Criminal Law for California

Q: I purchased a dog. They delivered the dog. I didn't like the dog and she left with the dog and a $14,500 cashiers check

Is that theft in California?

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

if you gave it to them and they didn't steal, then it is going to be civil.

did you reject dog when you got the dog or some time later?

for that kind of money, I would assume you would have gotten to know the dog first.....although we had a similar situation with a Viszla abut our breeder refunded the money.

if you can't get money back in a nice way consider small claims where you waive anything over $10k

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Your question is a little short on facts. Naturally, since you are purchasing this dog for almost $15k, you have a written agreement for sale and purchase that will set for your rights and obligations, and those of the seller, correct? Otherwise, you may have just thrown away $15k and you will have to sue seller to get it back. When you go to Small Claims, you do not get any money (BTW) should you prevail, you get a piece of paper that says the other person owes you some money, then you get to collect on the debt. This means "enforcing the judgment" and when you are dealing with an individual, this can be difficult. You have to find out where they bank, you have to get the sheriff to levy on their property, etc. A good rule of thumb is if you are spending more money than you would throw away in a bar in tips, you get a written agreement, and information about your seller.

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