Bought a defective dog over the internet now being sued

[panzertanker]

Everybody take a deep breath... I have questions.

OP:
You state "We have now received an Entry of Default and Court Judgment. "

Explain.

 

[inihilator]

My wife received a summons from the breeder whom is acting without an attorney and thought it was a joke that the lady that lied and sold us this dog with problems was now suing us so she looked it up online and found something that said it was a change of venue or something and that since the dog resides in North Carolina the breeder would have to file a claim with north Carolina courts.. so she did nothing "Another bad decision on our part" well yesterday we received a notice that she is filing to "enter default of defendant" and requesting a court judgment under code of civil procedure sections 585b 585c 989 etc. so we are now going to talk to an attorney... for some reason she is suing for 6000 and some dollars... the strange thing is the summons does not say anywhere, Our address or that we are not located in CA... there is no court date ? we were not even sure what we were supposed to do !!!

 

[fairisfair]

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.

not to worry, I won't be in your email line. Just FYI, I never said that what happened to you wasn't crappy. I think it is very sad that your wife and your children were disappointed with the puppy, and sad for the puppy too, to have those medical problems. I just don't think that you should have kept the puppy AND the refund. that is all.

by the way, you never have mentioned what became of the puppy.

 

[divgradcurl]

My wife received a summons from the breeder whom is acting without an attorney and thought it was a joke that the lady that lied and sold us this dog with problems was now suing us so she looked it up online and found something that said it was a change of venue or something and that since the dog resides in North Carolina the breeder would have to file a claim with north Carolina courts.. so she did nothing "Another bad decision on our part" well yesterday we received a notice that she is filing to "enter default of defendant" and requesting a court judgment under code of civil procedure sections 585b 585c 989 etc. so we are now going to talk to an attorney... for some reason she is suing for 6000 and some dollars... the strange thing is the summons does not say anywhere, Our address or that we are not located in CA... there is no court date ? we were not even sure what we were supposed to do !!!

How were you served notice of the lawsuit? California small claims court does NOT allow out-of-state service of process except in a few narrow cases, which this is not one of them. Go to the California small claims court website, and find the forms necessary to ask for dismissal of the case based on 1)lack of personal jurisdiction, and 2)improper service of process. You don't need a lawyer for this unles she actually obtains a default judgment.

If you are not in small claims court, but are instead in superior court, you can still move for dismissal based on lack of personal jurisdiction, but you may want to have an attorney help you with the filing.

 

[inihilator]

Thank you,

I will look into that at their website, I have a meeting at 11:00 with an attorney so hopefully he will do that. or i will pull up the forms online

again thanks for the input, i think that might be what my wife found !

 

[Ohiogal]

How were you served notice of the lawsuit? California small claims court does NOT allow out-of-state service of process except in a few narrow cases, which this is not one of them. Go to the California small claims court website, and find the forms necessary to ask for dismissal of the case based on 1)lack of personal jurisdiction, and 2)improper service of process. You don't need a lawyer for this unles she actually obtains a default judgment.

If you are not in small claims court, but are instead in superior court, you can still move for dismissal based on lack of personal jurisdiction, but you may want to have an attorney help you with the filing.

ten to one california would have personal jurisdiction because the business conducted concerning the object of the dispute was done in california.

 

[bfly1113]

What happened to the puppy? Did you take care of it's health problems?