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Refund for Dog

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officerlaw

Junior Member
What is the name of your state? California
Hi I recently paid for a dog online from a person who is a member of the ACC. I paid for the dog, but she kept giving me the run around. First she said it was sick and told me to wait until it gets better. Two weeks later she said it died. She said she would refund me my money, but I don't think she is. She also kept telling me that the check has not cleared in her state yet, but when I contacted my back they told me it already cleared. What could I possibly do? BTW: I also saved all the emails that she sent me.
 


I AM ALWAYS LIABLE

Senior Member
officerlaw said:
What is the name of your state? California
Hi I recently paid for a dog online from a person who is a member of the ACC. I paid for the dog, but she kept giving me the run around. First she said it was sick and told me to wait until it gets better. Two weeks later she said it died. She said she would refund me my money, but I don't think she is. She also kept telling me that the check has not cleared in her state yet, but when I contacted my back they told me it already cleared. What could I possibly do? BTW: I also saved all the emails that she sent me.


My response:

What could you possibly do?

You could spend thousands and thousands of dollars suing her in her State. That's what you could do.

Or, go to the dog pound and pick out a nice doggy - - preferably an older, loving doggy.

IAAL
 

officerlaw

Junior Member
I AM ALWAYS LIABLE said:
My response:

What could you possibly do?

You could spend thousands and thousands of dollars suing her in her State. That's what you could do.

Or, go to the dog pound and pick out a nice doggy - - preferably an older, loving doggy.

IAAL
I'm not going to just give her $1000. Really, are there any other options?
 

I AM ALWAYS LIABLE

Senior Member
officerlaw said:
I'm not going to just give her $1000. Really, are there any other options?


My response:

Oh, but YOU DID "give" her $1,000.00. In other words, you've been ripped off by a stranger. Never buy anything off the Internet. Now, you've learned an expensive lesson. Always buy locally. That way you'll always have recourse.

Other than suing her in her State, you can kiss your money good-bye.

IAAL
 

officerlaw

Junior Member
I AM ALWAYS LIABLE said:
My response:

Oh, but YOU DID "give" her $1,000.00. In other words, you've been ripped off by a stranger. Never buy anything off the Internet. Now, you've learned an expensive lesson. Always buy locally. That way you'll always have recourse.

Other than suing her in her State, you can kiss your money good-bye.

IAAL
Ok, I didn't "give" her $1000. There was an agreement that I would get my dog when payment was sent. I found this person from a list of ACC members. Isn't there a way that I can sue her in my state and have her travel here?
 

officerlaw

Junior Member
I AM ALWAYS LIABLE: I really appreciate the responses. I don't want to sound obnoxious, but there has to be something that I can do rather than traveling to her state. Isn't there a law that protect consumers from these kind of ordeals.
 

I AM ALWAYS LIABLE

Senior Member
officerlaw said:
I AM ALWAYS LIABLE:


I really appreciate the responses. I don't want to sound obnoxious, but there has to be something that I can do rather than traveling to her state.

MY RESPONSE: Your State has no jurisdiction over her. You could sue her in your State, but your judgment would be "empty". You see, unless she has ongoing "minimum contacts" with your State, which you have no idea whether she does, your State Summons for her to come to your State and defend would be futile. Furthermore, even IF you were to obtain a judgment in YOUR State, how would you collect? Again, your State has no jurisdiction over her, and besides, she undoubtedly has no assets in your State.



Isn't there a law that protect consumers from these kind of ordeals.

MY RESPONSE: Yes, it's called Breach of Contract, which can be handled in the courts of HER State.

Now are you beginning to understand how logistically and monetarily difficult it is to exercise your rights when you deal across State lines with strangers?

IAAL
 

alent1234

Member
officerlaw said:
I AM ALWAYS LIABLE: I really appreciate the responses. I don't want to sound obnoxious, but there has to be something that I can do rather than traveling to her state. Isn't there a law that protect consumers from these kind of ordeals.

Yes there is. And now you have to spend money to sue the other person to enforce that law. Rule #1 of buying things of the Internet is always pay by credit card. If a seller does not accept credit card payments then there is a reason for it. And it's not that they are cheap.

If you want to pay by cash then only buy from a big name retailer. I used to do this in my bad credit days when no one would give me a credit card. I used to send checks to Amazon and they would send me DVD's.
 

carofl93

Member
Thank you IAAL

This is off topic a bit...but you suggested that this person go to the pound and adopt an older doggie....Older doggies are wonderful...no potty training or chewing up your stuff :D
 

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