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Appropriate person to file

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busymess

Guest
What is the name of your state? (California)

In small claims court, can I sue someone for monetary loss if my son bought my wife and I an expensive dog for our anniversary and it died within a week, not due to our mistreatment ? He paid for it, but lives far away and I am better able to handle the suit and live in the same county as the person who sold the dog. The dog also died while in our possession, shouldn't this make us the logical ones to file suit ? We have tried two certified letters to this person already and he didn't even pick them up at the post office. My son was just trying to do something very sweet for us on our 29th anniversary and this turned sour very quickly. We had taken the dog to the vet and it died at the vets. Any suggestions on who should file at small claims court, my son or I ? Thanks.
 


I AM ALWAYS LIABLE

Senior Member
busymess said:
What is the name of your state? (California)

In small claims court, can I sue someone for monetary loss if my son bought my wife and I an expensive dog for our anniversary and it died within a week, not due to our mistreatment ? He paid for it, but lives far away and I am better able to handle the suit and live in the same county as the person who sold the dog. The dog also died while in our possession, shouldn't this make us the logical ones to file suit ? We have tried two certified letters to this person already and he didn't even pick them up at the post office. My son was just trying to do something very sweet for us on our 29th anniversary and this turned sour very quickly. We had taken the dog to the vet and it died at the vets. Any suggestions on who should file at small claims court, my son or I ? Thanks.

My response:

Your son would be the only one who has legal standing. It was your son who was in privity of contract with the seller.

IAAL
 
B

busymess

Guest
busymess

Thank you " i am always liable". Since my son lives over 120 miles away, may I have him sign the small claim papers and then file them for him ? Can the papers be filed in my area where the dog died (same county) or do they have to be filed where the dog was purchased, 65 miles away ? This might seem kind of funny to you but my son bought this dog on the internet, I don't think he will do this again. Your time is appreciated.
 

I AM ALWAYS LIABLE

Senior Member
busymess said:
Thank you " i am always liable". Since my son lives over 120 miles away, may I have him sign the small claim papers and then file them for him ? Can the papers be filed in my area where the dog died (same county) or do they have to be filed where the dog was purchased, 65 miles away ? This might seem kind of funny to you but my son bought this dog on the internet, I don't think he will do this again. Your time is appreciated.

My response:

It needs to be filed where the contract was consummated.

IAAL
 

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