Bought a defective dog over the internet now being sued

[inihilator]

North Carolina,

I bought a dog over the internet from a breeder in California. I paid for shipping and had the dog checked by 2 vets and it has a hearing problem a heital hernia, and a knee disorder. We requested our money back and shipping cost and we would return the dog COD but the breeder insisted we were lying... we faxed both certified vet findings and she still did not believe us. she told us to return the dog and she would send the money... we already did not trust this woman after getting this dog so we told her we would return the dog when we were reimbursed our money she returned the money for the dog but not our shipping costs? We do not feel we are responsible for these costs when the dog has problems.. Unbelievably this woman has gone to CA court house and filed some papers and she is trying to sue us for 6000 dollars!!!!!!!!!!! She sold us a bad dog we have vet findings as proof and she is suing us >> we are not sure what she is doing thought there is no court date! It says it is a summons for fraud. My wife found a document that says she can not sue us being out of state and the item purchased resides in our state..
We have now received an Entry of Default and Court Judgment.

Any info or help would be great, like,
Do we need to get an attorney or can she even sue us
and if we do need to get an attorney how much can we go after this breeder for> we can not even believe she has the audacity to sue us after getting this problemed dogWhat is the name of your state?What is the name of your state?What is the name of your state?

 

[Shay-Pari'e]

North Carolina,

I bought a dog over the internet from a breeder in California. I paid for shipping and had the dog checked by 2 vets and it has a hearing problem a heital hernia, and a knee disorder. We requested our money back and shipping cost and we would return the dog COD but the breeder insisted we were lying... we faxed both certified vet findings and she still did not believe us. she told us to return the dog and she would send the money... we already did not trust this woman after getting this dog so we told her we would return the dog when we were reimbursed our money she returned the money for the dog but not our shipping costs? We do not feel we are responsible for these costs when the dog has problems.. Unbelievably this woman has gone to CA court house and filed some papers and she is trying to sue us for 6000 dollars!!!!!!!!!!! She sold us a bad dog we have vet findings as proof and she is suing us >> we are not sure what she is doing thought there is no court date! It says it is a summons for fraud. My wife found a document that says she can not sue us being out of state and the item purchased resides in our state.. NOT TRUE!

We have now received an Entry of Default and Court Judgment.

Any info or help would be great, like,
Do we need to get an attorney or can she even sue us
and if we do need to get an attorney how much can we go after this breeder for> we can not even believe she has the audacity to sue us after getting this problemed dogWhat is the name of your state?What is the name of your state?What is the name of your state?

Why didn't you just ruturn the puppy as she requsted? Shipping costs for your puppy to arrive is on you. Sounds like the breeder is trying to work with you, and you are being a jerk.

 

[fairisfair]

I agree with Shay. And just curious but how much does it cost to mail a dog?

 

[inihilator]

Okay, Nice forum

How is she working with me when she sold me a defective dog.. Why should I pay for shipping when it is a bad dog and we and a signed document guaranteeing the dog was problem free.. Are you telling me a breeder does not notice her puppies hernia.. which we specifically asked her and she said no.. shipping was around 185.00 one way... you basically have to buy a plane ticket because it is a live animal.. nice way to greet a user by calling him a jerk!!! thanks but how do you think my wife felt buying a dog and requesting upfront that it had no problems and then getting a puppy with more than 1...

 

[Zigner]

OP - the problem is that YOU are being unreasonable. You won't return the dog even though your money has been refunded!
You should have sent the dog back and then sued her (in California) if the money wasn't returned...
You brought this on yourself!

 

[fairisfair]

How is she working with me when she sold me a defective dog.. Why should I pay for shipping when it is a bad dog and we and a signed document guaranteeing the dog was problem free.. Are you telling me a breeder does not notice her puppies hernia.. which we specifically asked her and she said no.. shipping was around 185.00 one way... you basically have to buy a plane ticket because it is a live animal.. nice way to greet a user by calling him a jerk!!! thanks but how do you think my wife felt buying a dog and requesting upfront that it had no problems and then getting a puppy with more than 1...

why didn't you request that the puppy be checked out by a vet PRIOR to shipping it? I would think that would be a normal procedure anyway, just to insure that the animal could stand the stress of shipping. You received a refund of the cost of the puppy, less the shipping and handling, you did not purchase the shipping and handling from the breeder and she was probably well within her rights to retain those monies.

I am sure that your wife was sad to get a puppy with problems. But sad is not a legal defense to both accepting a refund and keeping the puppy.

 

[inihilator]

We have a contract that says the dog is free of defects!!! It is not!! we should not have to pay for shipping costs when we received a dog with defects, that our contract says she is free of... She should not have sold the dog. she sold us a dog without disclosing the problems it had even when asked.. if you bought a car over the internet and it came with no engine are you responsible for the shipping !!!! NO you would want your money back and your shipping costs refunded. anyone would especially if you asked the seller if it had an engine!!!!!!!!!!!!!!!!!!!!! we can not afford to throw 185 each way for a dog that was misrepresented to us...

 

[fairisfair]

We have a contract that says the dog is free of defects!!! It is not!! we should not have to pay for shipping costs when we received a dog with defects, that our contract says she is free of... She should not have sold the dog. she sold us a dog without disclosing the problems it had even when asked.. if you bought a car over the internet and it came with no engine are you responsible for the shipping !!!! NO you would want your money back and your shipping costs refunded. anyone would especially if you asked the seller if it had an engine!!!!!!!!!!!!!!!!!!!!! we can not afford to throw 185 each way for a dog that was misrepresented to us...

personally if I bought a car over the internet, I would have first hired a mechanic in that city to inspect it. I certainly wouldn't ask the owner.

I guess the court will decide. I don't think you will be happy with their opinion either.

 

[Shay-Pari'e]

I agree with Shay. And just curious but how much does it cost to mail a dog?

250 each from Ohio to San Fran. I love my Huskies, but they are teaching each other how to howl at 4:30 am.

Kodiak, and Klondike are their names.

 

[seniorjudge]

Why would you buy a dog unseen?


(Every dog I ever got was defective....)

 

[inihilator]

OKAY fairisfair!!!

I am sure you would do everything correctly in ANY situation!!

THANKS FOR THE HELP!!!!

Next time I need help with doing something perfect, I will let you know. YOU are just full of wisdom in that field....

I guess that is why people like us need lawyers. because we don't normally buy dogs from CA that is 2000 miles away. or know how to handle it when we get an animal that is far from as described or guaranteed..

 

[fairisfair]

OKAY fairisfair!!!

I am sure you would do everything correctly in ANY situation!!

THANKS FOR THE HELP!!!!

Next time I need help with doing something perfect, I will let you know. YOU are just full of wisdom in that field....

I guess that is why people like us need lawyers. because we don't normally buy dogs from CA that is 2000 miles away. or know how to handle it when we get an animal that is far from as described or guaranteed..

No, actually, I am apparently far from perfect, after all, I made the mistake of trying to help YOU. When apparently you were really only looking for someone to AGREE with you. Have you ever bought anything else, do you watch tv. have you ever noticed that upon return it always excludes shipping and handling fees?? Your breeder tried to do the right thing. I do not see anything wrong or inappropriate in deducting the shipping charges. If you win in court, then you can come screaming back here and tell me I was wrong.

 

[inihilator]

Not sure,

my wife found the dog on the internet and wanted it. so I bought it for her as a gift !! Me and the kids suppressed her with it when she got home from work..

it was heart breaking for her and our kids to find out the dog had so many issues and we would have to send it back.

then to deal with the breeder was imposable, when we told her the VET said she had hearing issues the breeder replied " I would not respond to you either if you named me IZZY"

I guess she thought we were not going to name our own puppy, that we would keep the name she gave it!

I guess, Lesson learned! It will never happen again!!

Everyone please understand, I have been taken for money on the internet and Ebay before, and I had no issues with chalking it off as a "Lesson Learned", but when it comes to outright lying about the dogs condition and signing a defect agreement and then calling us liars about the Actual 2 different Vet findings. I personally think that is out of control...

I am going to see an attorney in the morning, anyone interested in the results let me know and I will email what he said.. That would only be for the people whom would not do it perfectly the first time.

 

[inihilator]

PLEASE!!!

they do not sell broken items on tv nor do they expect a buyer to buy them if they are broken. But to lie about it to sell it is not right in my book. I am not looking for everyone to agree with me but if you think someone is going to sell broken or bad things to people and not have them all come after them i am not sure what to say this was not just 7.99 shipping..

 

[inihilator]

how did the breeder do the right thing when the dog had 3 medical problems and we were told it was problem free,,, and had a signed contract stating so.