Can I Sue This Breeder?

Discussion in 'Showing and Ethical Breeding' started by sungjae pae, Oct 4, 2017.

  1. sungjae pae

    sungjae pae TCS Member Young Cat

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    Jun 13, 2016
    maryland
    Hello I've posted about mainecoon breeder.
    It turns out he is scammer. When I ask litter registration number to him, he doesn't answer my message and I think he blocked my number. I didn't get reply back after asking litter number.
    I have evidence of message that his all cats are registered to CFA and gave me paper which is fabricated. Can I sue him about fabricating paper ? I can pay lawyer fee, but what I want to know is do you think I can catch him ? I do not want to money get back.
    Whether my kitten is purebred or not I will raise him.
    but I want to stop him scamming to other people.
    All I know his information is his phone number and website he activated

    do you think I can sue him ?
     
    Last edited by a moderator: Oct 17, 2017 at 7:47 AM
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  2. abyeb

    abyeb Charlie's Purrson Top Cat

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    I'm sorry this happened. I realize this puts you in a frustrating situation, and I commend you for deciding to keep your kitten no matter what. I'm not an expert in legal details, but I think you can call CFA to confirm that your kitten isn't registered, that should be some good proof.
     
  3. sungjae pae

    sungjae pae TCS Member Young Cat

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    Jun 13, 2016
    maryland
    Thank you. I do not know which contact number I should call.
     
  4. GoldyCat

    GoldyCat Moderator Staff Member Moderator

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    If you go to the cfa.org website, on the home page there's a box on the right that says "For registration and business questions call 1-330-680-4070". I would start there and if it's not the right department they should be able to direct you to whoever you need.
     
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  5. sungjae pae

    sungjae pae TCS Member Young Cat

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    Jun 13, 2016
    maryland
    Thank you
     
  6. Kieka

    Kieka Snowshoe Servant Staff Member Forum Helper

    I believe that if you have a contract you can sue for breach of contract if he explicitly says the cat is purebred and documented. A lawyer is your best bet.
     
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  7. sungjae pae

    sungjae pae TCS Member Young Cat

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    Jun 13, 2016
    maryland
    We didn't sign contract paper, but I have message that he said" our kittens are purebred and registered." Is this part of evidence?
     
  8. Kieka

    Kieka Snowshoe Servant Staff Member Forum Helper

    Unless he specifically said your kitten was or that all kittens were it isn't. Shaddy, yes. Misleading, yes. But he can claim it is a general statement about some of the kittens and that you selected the one that wasn't. Without a contract you have maybe false advertising.

    As much as I hate it cats are property (at least in the US). So pretend someone sold you a painting at a yard sale and said its piece from a famous artist probably worth $10000 but they will sell it for $1000. What a deal, but you have to buy now. Look at that signature it's the real deal. You buy it and have it appraised to learn it's worth $10. What can you sue them for? Same deal but a cat. The judge could offer you your money back and force them to take the cat back, a return. But, honestly, it comes back to you didn't verify the claim. The breeder can claim ignorance because cats are so much less known by non-cat people. The breeder can say it was the other cats but not all cats. That he registered with random organization A. I'm the end I think best case is the breeder gets a scolding.

    Check animal laws in your city. Reporting for an improper kennel, breeding facility, too many cats etc would have more of a financial impact. Putting up negative reviews anywhere you can.

    Again, I am not a lawyer and seeing one would give you your best advice. I could be totally off base.
     
    Last edited: Oct 4, 2017
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  9. lavishsqualor

    lavishsqualor TCS Member Super Cat

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    Unfortunately, unless you have a valid contract you will not be able to sue. Plus, the cost of the filing fees in small claims court are usually several hundred dollars so many times it's not even worth the effort.
     
  10. stefanz

    stefanz Advisor Staff Member Advisor

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    I think the most had been said. Especield Kieka has a very good analysis.

    It was also in part my reaction. When you sue, the law is constructed you can get repaid and get right to send the cat back. This you can probably achieve, even if he weremt totally faulty.

    But you dont want to get rid of the cat. You want to give him an official rebuke. And if so, perhaps get some of the money repaid.

    I suppose it may be done in a clear cut case. But the way to do is to get him in his register organsation - CFA?

    IF he is truly a breeder there, its good they do know he has (sometimes) shady way of working.
    So as said earlier, contact them and have your ears open.
    But, observe in some variations they perhaps dont want to hear you out. A shade on him is also a shade on them, and some organisations, instead of cleaning the problems, do conceal the problems instead.

    What was the costs? You perhaps wrote it somewhere else.
    If he took payment for a purebred, say 1000+ dollars, and it isnt, yes you could have a case. Especielly if you were very clear you wanted the cat to use in serious Show, or serious breeding.

    If he said it was purebred, but took payment for a moggie, say 100 dollars, you would need a judge up on toes to back you up.... Untrue overdone advertising isnt allowed, but as long the payment is normal, very few would react.
    etc...

    If he said the cat is worth at least 1000 dollars, but YOU will get it for 500, a special price just for you, sir, but you must decide now because... Its a classical scam on cousin from country. He may get fined in the end but its you they will laugh at.

    If he really doesnt belong to any organisations, and has scams in system? Again talking with a lawyer is your best option to clear it out. The laws are different in different countries, they may even differ in different of the US states.
     
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  11. sabian

    sabian TCS Member Adult Cat

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    Mar 11, 2017
    North Carolina
    I looked at the links you provided and pics of your cat. They look like purebred Maine Coons to me. Looks like CFA bred or maybe just pet quality bred but pure bred all the same. If your not looking to breed your cat I don't see what the problem is unless you paid top dollar for him. Your cat is beautiful! If your not happy with it send it to me!...lol...If you have a contract and it's not with breeding rights you have to have it spayed/neutered before they will send you papers and you have to send them proof that the procedure was done. You can check with CFA about registration and DNA test for breed.

    I would think that small claims court would be all you could do. If you have proof that it's not pure bred and not registered they may make him give some or possibly a full refund of the money back and possible cost of DNA test.
    Try calling him instead of text if you haven't done so. Maybe he doesn't do well answering text. Not all people like new technology.

    With the little information you've provided this is the best answer I can come up with. Hope this helps.
     
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  12. Anne

    Anne Site Owner Staff Member Admin

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    You can always sue but that doesn't mean you'll win. Should you sue? That's a legal question that I don't think you can get the answer to on the internet. Each case is different and you need a qualified lawyer who knows the in's and out's of law and will go with you over all the details. If this means enough to you and you don't mind spending the money, I would find such a lawyer for an initial consultation. In fact, you may be able to find a lawyer who will meet with you for free to see if you're a suitable client. He or she may even be willing to work on commission, based on the settlement they think they might be able to get you.
     
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