A
atseawall
Guest
What is the name of your state? Florida
The following is a complete scenario of everything leading up to this case to date. I was advised by the Judge that I have 10 days from the Feb 2, hearing to countersue and this is what I am trying to decide at this time, whether to sue for the care of the bird for the time it was in my possession, and if I have anything I am entitled to sue for under the circumstances. Sorry if this is so long but I needed to present the whole picture as it is to get the advice I need. TIA for any light you can shed on this matter for me as time is of the essence.
Cy
On June 7, I sold the plaintiff a Sun Conure. The following day she returned saying her dog didn't like the bird and she couldn't keep it. I told her all sales were final and I couldn't give her money back but that in this case I would make an exception and treat this as a layaway. When someone lays a bird away I require 50% deposit and if they change their mind they lose the deposit. Since she had paid for the bird 100% I offered to give her back half what she paid, $145.50. She said she would go home get the bird and bring him back. At the end of the day she still hadn't returned nor did she call me and tell me why. A couple days later I called to see what happened. She told me she gave the bird to the neice. That was the end of that.
On July 7 I found the original receipt for the bird which somehow in the midst of the sale was mis-placed and was among some papers in my brief case so I mailed it to her. I told her how bad I felt about the conure since each bird was like one of my own children. I liked to think that whoever gets them understands the commitment involved. I knew the bird wasn't her neices first choice since the neice was with her at time of purchase and the neice was asking me about getting her another kind of bird so I was concerned for the bird. I said if there were any problems to please let me know. If the neice was truly not happy I would "try" to re-sell him for the neice. I never recieved a phone call or response so assumed everything must be ok so let it go and that was the end of that.
On JUly 30 the plaintiff shows up at my business, no phone call, just shows up as she did the day after buying the bird telling me that the neice couldn't keep the bird that the neice was breaking up with her boyfriend, and the boyfriend hated the bird etc. etc. The neice gave the bird back to the plaintiff and the plaintiff came wanting me to try to sell the bird for her. I told her that created a big problem for me at that time because just the week before I just got 2 more Sun Conures and Jenday and I would have to sell them first before I tried to re-sell this bird for the neice, if I would even be able to. Re-salabiltiy depended on a lot of factors about the bird. I explained all the issues and especially that it could be at least 2 to 3 months at least before I could even try, on top of the many factors about the bird that could be involved I told her she would do better on her own, running an ad etc. A bird that is not loved and cared for can develop all kinds of social and behavioral problems and become a bird that no one wants. I had no idea without seeing the bird, his condition just what I was dealing with. There were a lot of factors to consider. I tried to paint her the whole picture as well that whatever I sold the bird if I was able to sell him I would get 50%.
She said she couldn't keep the bird and it didn't matter to her if it took 2 or 3 months she just didn't want the bird. When I asked her where is he now, she said in the car, In the car!!!! July 30 in a parking lot in the car. I told her to get him immediately. He was suffering from the heat. I told her to leave him, I was so angry I nearly called the Sheriff to have her arrested for cruelty to animals. ........If I didn't rescue him God only knows what would have happened to him. I cooled him down and then he started eating, and eating and eating.....he ate all afternoon and was still eating when I got home. I have never seen a bird eat like that ever in 8 years of raising birds. He had to be starving..
I tried to call a friend to see if she could come for him because and quarantine him for me because a bird that is as stressed as he had been could easily become sick and I couldn't risk having him around my other birds at the market and all my breeeder birds at home. I couldnt' get ahold of her though and had no choice but to take him I had no where to put him at the market it was incredibly hot and I had to do my best to keep him cool. Many people wanted to rescue him and several offered $100 but I didnt' want to let him go till I knew he was healthy and ok.
I kept him in my home til Sept.19th. I still hadn't sold the other birds yet and summers slump had taken a tolll on my buisness. One day a friend who raises conures and loves them came to my house and after hearing my woes about not having money to buy the 50# bags of food I needed for the birds offered to buy this sun. He had seen him before and played with him and they got on great. I knew this bird would have a wonderful home so I let him have him for $75.
On Nov. 8, plaintiff shows up at my business with customers all over and me in the middle of doing some paperwork. I looked up and her face was familiar but couldnt' remember how I knew her. She asked me how I made out with the bird. I didn't know what she was talking about so asked what she meant. She asked what I did with the bird, I told her I didn't do anything because I still didn't catch on to who she was, then she said she wanted the bird or $200 then I realized what she was talking about. I told her she couldn't have the bird but since I had already said I didn't do anything with him I didn't know where to go from there. Customers were looking at us and wanting to ask me questions but obviously they could see a confrontation so they walked away. I asked her why she just showed up expecting me to give her $200 or the bird out of the blue after abandoning him expecting me to take care of him for 2 or 3 months. I told her I did her favor taking the bird, and that I would have to think about what would be the best way to deal with this situation. She said there was nothing to think about give her the bird or $200, and if I didnt' she would come to my business every weekend and harrass me until I did. I told her I would call her later. I just wanted to get her out of there without being harrassed any further. I talked to a vendor and was told that if she came back to harrass me call security and they would have her arrested. She did come back and say she didn't want any trouble she just wanted the bird or $200. I have no idea how she arrived at a $200 figure, or why on earth I would give her a bird back that she abandoned over 3 months before because she didn't want to take care of it and sell it herself.
I was so furious I didn't call her but rather then call I wrote a letter instead to make sure that my issues were all in writing. My printer ran out of ink though so I got a disc made and went to Kinko's, got the letter printed and sent her a check for $25, 1/3 of the $75 and told her I would send the other $50 if and when I got it. I told her I was intitled to at lest 50% not to mention the 3 months of care but to get rid of her I decided to give her the whole $75. I didn't get the letter mailed to her for 2 weeks though so She showed up again at my business the following weekend, and brought 6 to 8 people in force to harrass me as she had threatened to do the week before.
She asked me what I was going to do.......I told her, I know what I am going to do, and walked past her and her entourage.......I am calling security. About that time the security. I went to the information desk and the Sheriff was called. On my way back the Security guard was there as well so I told him about the situation and he told me she had to leave, if she had a problem with me she needed to take it to court. The sheriff was comming our way as they were leaving so he didn't have to arrest her for harrassment.
I got the letter mailed to her with the check then the following week I recieve this summons to appear in court suing me for $600 some odd dollars.
I tried to settle after talking with a mediator asking me how much it was worth to get rid of her. I offered $150 the original amount I offered her when she bought the bird in the beginning. She refused the offer and we are set for trial March 30th.
The following is a complete scenario of everything leading up to this case to date. I was advised by the Judge that I have 10 days from the Feb 2, hearing to countersue and this is what I am trying to decide at this time, whether to sue for the care of the bird for the time it was in my possession, and if I have anything I am entitled to sue for under the circumstances. Sorry if this is so long but I needed to present the whole picture as it is to get the advice I need. TIA for any light you can shed on this matter for me as time is of the essence.
Cy
On June 7, I sold the plaintiff a Sun Conure. The following day she returned saying her dog didn't like the bird and she couldn't keep it. I told her all sales were final and I couldn't give her money back but that in this case I would make an exception and treat this as a layaway. When someone lays a bird away I require 50% deposit and if they change their mind they lose the deposit. Since she had paid for the bird 100% I offered to give her back half what she paid, $145.50. She said she would go home get the bird and bring him back. At the end of the day she still hadn't returned nor did she call me and tell me why. A couple days later I called to see what happened. She told me she gave the bird to the neice. That was the end of that.
On July 7 I found the original receipt for the bird which somehow in the midst of the sale was mis-placed and was among some papers in my brief case so I mailed it to her. I told her how bad I felt about the conure since each bird was like one of my own children. I liked to think that whoever gets them understands the commitment involved. I knew the bird wasn't her neices first choice since the neice was with her at time of purchase and the neice was asking me about getting her another kind of bird so I was concerned for the bird. I said if there were any problems to please let me know. If the neice was truly not happy I would "try" to re-sell him for the neice. I never recieved a phone call or response so assumed everything must be ok so let it go and that was the end of that.
On JUly 30 the plaintiff shows up at my business, no phone call, just shows up as she did the day after buying the bird telling me that the neice couldn't keep the bird that the neice was breaking up with her boyfriend, and the boyfriend hated the bird etc. etc. The neice gave the bird back to the plaintiff and the plaintiff came wanting me to try to sell the bird for her. I told her that created a big problem for me at that time because just the week before I just got 2 more Sun Conures and Jenday and I would have to sell them first before I tried to re-sell this bird for the neice, if I would even be able to. Re-salabiltiy depended on a lot of factors about the bird. I explained all the issues and especially that it could be at least 2 to 3 months at least before I could even try, on top of the many factors about the bird that could be involved I told her she would do better on her own, running an ad etc. A bird that is not loved and cared for can develop all kinds of social and behavioral problems and become a bird that no one wants. I had no idea without seeing the bird, his condition just what I was dealing with. There were a lot of factors to consider. I tried to paint her the whole picture as well that whatever I sold the bird if I was able to sell him I would get 50%.
She said she couldn't keep the bird and it didn't matter to her if it took 2 or 3 months she just didn't want the bird. When I asked her where is he now, she said in the car, In the car!!!! July 30 in a parking lot in the car. I told her to get him immediately. He was suffering from the heat. I told her to leave him, I was so angry I nearly called the Sheriff to have her arrested for cruelty to animals. ........If I didn't rescue him God only knows what would have happened to him. I cooled him down and then he started eating, and eating and eating.....he ate all afternoon and was still eating when I got home. I have never seen a bird eat like that ever in 8 years of raising birds. He had to be starving..
I tried to call a friend to see if she could come for him because and quarantine him for me because a bird that is as stressed as he had been could easily become sick and I couldn't risk having him around my other birds at the market and all my breeeder birds at home. I couldnt' get ahold of her though and had no choice but to take him I had no where to put him at the market it was incredibly hot and I had to do my best to keep him cool. Many people wanted to rescue him and several offered $100 but I didnt' want to let him go till I knew he was healthy and ok.
I kept him in my home til Sept.19th. I still hadn't sold the other birds yet and summers slump had taken a tolll on my buisness. One day a friend who raises conures and loves them came to my house and after hearing my woes about not having money to buy the 50# bags of food I needed for the birds offered to buy this sun. He had seen him before and played with him and they got on great. I knew this bird would have a wonderful home so I let him have him for $75.
On Nov. 8, plaintiff shows up at my business with customers all over and me in the middle of doing some paperwork. I looked up and her face was familiar but couldnt' remember how I knew her. She asked me how I made out with the bird. I didn't know what she was talking about so asked what she meant. She asked what I did with the bird, I told her I didn't do anything because I still didn't catch on to who she was, then she said she wanted the bird or $200 then I realized what she was talking about. I told her she couldn't have the bird but since I had already said I didn't do anything with him I didn't know where to go from there. Customers were looking at us and wanting to ask me questions but obviously they could see a confrontation so they walked away. I asked her why she just showed up expecting me to give her $200 or the bird out of the blue after abandoning him expecting me to take care of him for 2 or 3 months. I told her I did her favor taking the bird, and that I would have to think about what would be the best way to deal with this situation. She said there was nothing to think about give her the bird or $200, and if I didnt' she would come to my business every weekend and harrass me until I did. I told her I would call her later. I just wanted to get her out of there without being harrassed any further. I talked to a vendor and was told that if she came back to harrass me call security and they would have her arrested. She did come back and say she didn't want any trouble she just wanted the bird or $200. I have no idea how she arrived at a $200 figure, or why on earth I would give her a bird back that she abandoned over 3 months before because she didn't want to take care of it and sell it herself.
I was so furious I didn't call her but rather then call I wrote a letter instead to make sure that my issues were all in writing. My printer ran out of ink though so I got a disc made and went to Kinko's, got the letter printed and sent her a check for $25, 1/3 of the $75 and told her I would send the other $50 if and when I got it. I told her I was intitled to at lest 50% not to mention the 3 months of care but to get rid of her I decided to give her the whole $75. I didn't get the letter mailed to her for 2 weeks though so She showed up again at my business the following weekend, and brought 6 to 8 people in force to harrass me as she had threatened to do the week before.
She asked me what I was going to do.......I told her, I know what I am going to do, and walked past her and her entourage.......I am calling security. About that time the security. I went to the information desk and the Sheriff was called. On my way back the Security guard was there as well so I told him about the situation and he told me she had to leave, if she had a problem with me she needed to take it to court. The sheriff was comming our way as they were leaving so he didn't have to arrest her for harrassment.
I got the letter mailed to her with the check then the following week I recieve this summons to appear in court suing me for $600 some odd dollars.
I tried to settle after talking with a mediator asking me how much it was worth to get rid of her. I offered $150 the original amount I offered her when she bought the bird in the beginning. She refused the offer and we are set for trial March 30th.