• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Bird sales, who is in the wrong?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

redbulls19

Junior Member
Alaska

Situation: me and my wife have a 2 year old nanday conure, we are moving and need to sell it so we posted it on Facebook. A few people were interested but we decided to go with this lady because she has an aviary license and has an aviary rescue however she lives 600 miles away in my old home town. we agreed that 200$ is ok and if i found a way to get the large cage delivered she could have that but the 200$ was for just the bird cage was extra. we drove down there with the bird and when we got there she didn't have money so we made an agreement and wrote it up by hand and signed it. she said she would give us 80 one Monday and 120 the next, two days past the first Monday, 2 weeks after we made the sales agreement and left the bird i called hr and asked whats up. she said that she was on her way to the bank...nothing so i texted her the next day and told her i need something by the second Monday. she texted back that she wanted us to pick up the bird cuz she was moving and couldn't have it. i said i couldnt get down there or had a place for it anymore, she said she would try hard to make it work. still no payment today i texted her that i needed to know if she intended on paying for it at all soo i wouldn't take this to legal action. she told me she was going to pay in two days but since i threatened legal action she wont and that her family member was injured by the bird also she hadn't paid a penny so the bird was technical mine and she was going to bill me for medical charges. she said she knows the law better and can afford it more than i can. we did tell her on Facebook messages it was going to need work she said i am an aviary certified person and have a soft spot for conures and she runs a bird rescue with problematic birds.

what should i do?
i do have all conversations text/facebook
 


OHRoadwarrior

Senior Member
It appears you entered this contract with the best interests of the bird in mind. It appears once you met the woman, in spite of her other weirdness, you believed she would care for the bird, in spite of her apparent living conditions. I would walk away content, job completed accurately if not correctly.
 

redbulls19

Junior Member
It appears you entered this contract with the best interests of the bird in mind. It appears once you met the woman, in spite of her other weirdness, you believed she would care for the bird, in spite of her apparent living conditions. I would walk away content, job completed accurately if not correctly.
I would like to pursue the 200.00, is she right to fight it? am i wrong or do i have a case?
 

sandyclaus

Senior Member
I would like to pursue the 200.00, is she right to fight it? am i wrong or do i have a case?
You gave her the bird, she agreed to buy it for $200.00. For that, you definitely have a case.

As for those medical bills, I suspect that's just something she's throwing out there to try to discourage you from trying to collect the money she hasn't (and apparently never intended) to pay. Sounds like a lot of excuses to me.
 

redbulls19

Junior Member
she kinda did scare me on that she claims to be able to afford and find representation i cant. would this be a small claims court? and isn't there no representation in small claims courts? the last thing i told her is that if the bird was dangerous im not going to rehome and would have to take the bird to the vet, i didn't say put it down but in the end result would have to, does that cover my but on the medical part?
 

sandyclaus

Senior Member
she kinda did scare me on that she claims to be able to afford and find representation i cant. would this be a small claims court? and isn't there no representation in small claims courts? the last thing i told her is that if the bird was dangerous im not going to rehome and would have to take the bird to the vet, i didn't say put it down but in the end result would have to, does that cover my but on the medical part?
Yes, while most small claims courts do not allow for attorney representation, there are a few around the country that do - and Alaska happens to be one that does allow it.

If she can't afford to pay you, she won't be able to afford representation. She, again, is trying to scare you by pulling out the "lawyer" card.

If the bird was dangerous, you would have heard about it long before you did. The claim that the bird had injured a family member seemed to miraculously coincide with your threat of legal action - a bit of puffery intended to challenge your own when she failed to pay as she had kept promising to do. Even if the bird was dangerous, she knew that, and still kept promising to pay you - again, until you brought up legal action for failing to follow through on her part. Don't give it any more consideration than it's worth.
 

redbulls19

Junior Member
I would still like to have more input, i am in the army and would rather not have to attend any court appearance if can be avoided, also can i have her pay court fees and travel money upon ruling?

but before that how would i call her bluff if that's what it is? i am new to the justice system and still would like to settle this without the courts. i dont want to insult her and have her act irrationaly out of anger.
 

Shadowbunny

Queen of the Not-Rights
I would still like to have more input, i am in the army and would rather not have to attend any court appearance if can be avoided, also can i have her pay court fees and travel money upon ruling?

but before that how would i call her bluff if that's what it is? i am new to the justice system and still would like to settle this without the courts. i dont want to insult her and have her act irrationaly out of anger.
Have you talked to someone at the post JAG office? They can't represent you, but they may be able to give you some guidance
 

redbulls19

Junior Member
I am going to on monday, should I tell the lady I am seeking guidance from the base jag? I wanna be prepared as I can just in case
 

sandyclaus

Senior Member
I am going to on monday, should I tell the lady I am seeking guidance from the base jag? I wanna be prepared as I can just in case
Sure, you could do that. Telling her that you are seeking your own legal advice might call her bluff, and you might even see full payment before the weekend is over (before you actually have to resort to legal action).
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top