I need to know if this suit would be civil, criminal or both, and where to file.?
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I need to know if this suit would be civil, criminal or both, and where to file.?
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Need to know how to file a civil suit, or see if it is a criminal case?
My partner and I raise puppies. My partner consigned some puppies out to our groomer to sell, and when she sold them, she were to give us a certain price for them. She also took a mother dog (until the pups she took were weaned) pet carriers and cages. She took a total of 13 litters of puppies in a short amount of time,(all the dogs had pups about the same time). Paid all but $40 for the first litter, and when the puppies all sold, now she's claiming that she doesn't owe any more money, is holding our dog, says she won't return her because of a vet bill, when we found out she never had to take her to the vet, and has sold the cages on the internet. We have proof of all this.
The thing is, she lives in Macon county Tn, and we live in Ky. She took the puppies from KY and sold them in Tn. We have talked to lawyers, police, a detective and numerous people from both states, but none can agree where we should file suit. None are sure and can't help us. We take good care of our pets, and found out that the groomer had them in horrible conditions at her place. We are worried about the safety of our dog Tia, and are out of over $7000. Can anyone help us? (this is my elderly partner's only income, and I foster unwanted dogs and sell a few puppies to be able to take care of the rest, so please no posts about how horrible we are for raising dogs, we take good care of them)
Also, we found out that she had sold sick puppies to people (where she had them in horrible conditions), didn't take them to the vet like she should have, and like she claimed in her ads. And slandered us on most local sites just for trying to get her to pay us. Should any or part of this be civil or criminal.
We have asked her, and sent her a letter, plus emails requesting that she do the right thing and keep up her end of the deal. At that point she sent a letter calling us every bad name she can think of, saying we are liars and she paid more than we desreve. And she posted ads saying on several local classifieds saying we sold sick puppies, didn't answer phone calls, have been in trouble for animal abuse and have went to court over it. All which are lies. She slandered us royally. She went off in emails like some maniac. Then, we found out she sold sick puppies, some died, she didn't return calls from people complaining, she has stolen from others and has lied numerous times to numberous people.
But still, no one can tell us for sure the proper place to file.
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bdancer222
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You can try to file a police report but it is unlikely the local DA will pursue criminal charges.
You should file civil suit against her in her county. Small claims generally is maxed at $3K to $5K, depending on the state. If your loss is a lot more, you would need to hire an attorney to file suit. However, the attorney fees would have to be paid in advance and could be pretty expensive. It might be smarter to just go the small claims route.
Stick to hard costs that you can prove, like the cages and number of puppies. Forget about slander and defamation. It's difficult to prove and you probably don't have the legal definition of slander and defamation. |
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Lamar R
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Your best course of action is to sue her in small claims court. What she has done is criminal but you would have to get your local D.A. to file charges against her. If they suggest that you sue her in court, that requires a lawyer and you have o pay him. If you sue and win, and she doesn't have anything, now you're out the 7000.00 plus another 3000.00 for a lawyer. If you file in small claims you can represent your elf. But I must warn you, have all your facts straight. The matter of her slandering you isn't anything the courts care about, so don't even bring it up. |
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nervana1
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From, what I read, it seems, that you would need to do both, first: file a civil suit against her for slander, defamation of character and owed monetary wages. Make sure, that you seek advice from a lawyer, before you file.
if you have proof about her selling sick puppies, then you would need to file a complaint with her local police and animal control, as this puts the new owners at risk.
I assume you spoke with your DA (District Attorney). If not, make sure you get his council. As this is interstate, you will need assistance in filing your tort.
Best of luck! |
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jobbend
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First, you posted this in employment law, so the people who read this are probably not the best source for your question.
That said, if you can't find an attorney who can give you guidance, then you need to be talking to the State Attorney General office in the state where you hold your business license with the proof and facts of what you believe to be your case. |
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