Poodle not a Poodle

[lynn324]

Missouri
Purchased 6 wk old Miniature Poodle from owner of pet grooming business representing her daughter who is the breeder. Made check payable to breeder. Groomer stated full-blooded poodle, does not shed, mother and father registered, 17-25 lbs. Price $250 without papers. Tried contacting groomer several times after 1st vet visit requesting to speak to owner who sold me the dog, was always told "she's not here".

Dog is now 15 wks old. Definitely not a poodle, research indicates terrier. Dog sheds constantly; per vet dog will be 40 lbs.

Finally reached groomer and requested my money back, she said she never told me the mother was registered only the father, she also stated there is no way the dog is not a poodle, all dogs shed, can't be responsible for dog size. She offered to shave dog indicating the dogs hair would grow back not wiry but soft and curly like a poodle, my research tells me this isn't possible.


Can I sue in small claims court for cost of dog plus vet bills? I have two witnesses who were there at the time of purchase.

 

[I AM ALWAYS LIABLE]

Can I sue in small claims court for cost of dog plus vet bills? I have two witnesses who were there at the time of purchase.

My response:

Sure, you can sue. But, if you win, have you thought about what's going to happen with the dog?

IAAL

 

[lynn324]

Yes, I will have to return the dog to the breeder, however, since I'm alergic this isn't an issue.

 

[I AM ALWAYS LIABLE]

Yes, I will have to return the dog to the breeder, however, since I'm alergic this isn't an issue.

My response:

Well, then you're almost ready to go.

Now all you have to do is hire an "expert witness" on dogs to come with you to court to testify as to the breed and other particulars of the dog. Additionally, you'll need your witnesses with you in court.

Since it is your burden, as the Plaintiff, to prove your case, your award, if any, will not include reimbursement for your "expert witness" fees.

Good luck.

IAAL

 

[lynn324]

The AKC has offered to review photos of the dog and provide their opinion as to the breed of the dog. If they state it is a terrier would this suffice as an expert witness?

 

[I AM ALWAYS LIABLE]

The AKC has offered to review photos of the dog and provide their opinion as to the breed of the dog. If they state it is a terrier would this suffice as an expert witness?

My response:

No. Written "statements" without "live" testimony are useless in a court of law - - for Evidentiary reasons, and Constitutional reasons - - which, due to their complexity, I won't go into. Suffice it to say, if you intend to win, you'll need a "live" human being to testify. Or the judge is just going to stare at you, with those big puppy-dog eyes, and then he'll tell you that he's not going to admit written "Statements" into evidence without someone there that he, and the defendant, can question.

If you REALLY want to win, I would strongly suggest that you buy a book on Small Claims court from Barnes & Noble bookstore, and pay particular attention to the evidentiary tips.

IAAL

 

[njordan]

I can't help you much with legal advice, because I am in the same boat (so to speak) as you are. My experience was concerning a persian cat that isn't a persian. I posted about it on this site a while back. I've basically given up because it has caused a lot of stress and trouble. The "breeder" I dealt with also told numerous lies about the animal and will not refund my money. I just wanted you to know that I know what you're going through and wish you the best of luck.