by TIG on 09 August 2019 - 15:08
Thank you for your kind words Hundmutter. Hope it helps someone.
Two other thoughts have come to mind if you are proceeding in a superior court not small claims - generally a much more expensive proposition and because of court rules(statewide ), local rules (county specific ) and local local rules ( judge specific) usually done with the assistance and services of an attorney.
They are these. 1. Lawyers often use the spaghetti approach ie throw it against the wall & see what sticks (you are allowed to argue conflicting theories in most courts). 2. Always always go after the deepest pockets.
Here since you know Jenn is a deadbeat that would be Haus Amberg and the Locketts. Admin following quote is a publically available article found by a search of Lockett's name and US military.
"Locket is the operations noncommissioned officer in charge for 1st Squadron, 2nd Cavalry Regiment stationed in Vilseck. Together he and his wife Alishia own and operate kennels located in Amberg, as well as in New Hampshire, South Carolina and Oklahoma. "
Interesting that a non-com has the werewithal to own at least 13 adult hi-line dogs (Amberg site) and FOUR kennels and employ a kennel manager since we are always hearing how underpaid the lower troops are.
Interpleading Patrick individually does present some additional hurdles since there are special protections in federal law for active duty military BUT since he presents himself as a business person in 3 states as well as Germany it might be argued they should not apply. I also do not believe they would apply to his wife or the business if they were included as defendants.
In the law malum, Mal or intent and knowledge are very important elements and can be established by circumstantial evidence. Perhaps an argument along this line could be made. Lovetts(L) knew Jenn was a deadbeat because she owed them around 14k for the purchase and training of an adult male (Hanko?). Yet knowing this they partnered with her to act as brokers w/ L purchasing puppies from third parties to be sold by J to other innocent 3rd parties WITHOUT requiring payment upfront for said puppies thus assuming the risk they would not get paid. Having assumed that risk they can not now adversely affect the rights of what they KNOW to be innocent third parties by refusing to provide those innocent 3rd parties with the papers which determine the value of the product they were sold. (See also UCC re warranty on fitness for a particular purpose - no papers no purpose )
I would also try to present the circumstantial evidence that the timing and amounts of the payment of Hanko's bill to L conveniently coinsided with the payments to J from puppy buyers and that L could NOT be unaware of that suggesting that there has been a Mal intent on the part of L to gain their payment at the expense of innocent 3rd parties since they WILLING entered into this arrangement with her KNOWING she was a deadbeat.
BTW just a fyi reference for you from the article quoted above (in a military publication)
"Lockett's dedication to his dogs and for others distinguishes him from most business owners. His mission is to educate fellow dog owners on becoming responsible pet owners. His motto is honesty, integrity and hard work -- all reflected in his success as a German Shepherd breeder, trainer and educator. " and
"The poor reputation that follows service members and their families in Germany is a driving factor for the education program, said Lockett"
Finally if it were me I would have long ago contacted his commanding officer since he is using his posting in Germany to further a private business and his actions reflect badly on the ethics and honesty of our military.
Please note NOT offering legal advice just some ideas and thoughts about what might be worth trying (the spaghetti )
by TIG on 09 August 2019 - 18:08
One last post then I'll go away. The two biggest problems in this situation is that currently our legal system no longer serves the middle class and that lawyers are unwilling to be honest with their clients about that.
Currently a claim needs a value of at least $50,000 to $100k to be worth a lawyers time - and the 50 is iffy. Tha amounts here are almost always small claims fodder these days.
BUT since there are 4 or 5 of you with an identical claim there is a way (no not class action - whole different ballpark). Instead of hiring 4 lawyers who don't really want to do this because it's a lot of work for little recompense and the likelihood of an unhappy outcome, join together. Find a young hungry go getter in NC where J lives . Since your claims are identical, the pleadings can be with just a change of names so 1x drafted, multiple use, multiple fees then makes the cases worthwhile.
Stop dithering and get going. File in civil court - level based on lawyer's recommendation. As noted above go after everyone J, the L's, the kennel, Marko, the kennel manager. File first for specific performance - give me what I paid for and bargained for a registered dog. In the alternative ask for a refund of $ expended wh inc not only purchase price & transportation costs but also atty costs, court costs money spent on food,vet bills,training, equipment etc.
Even if given specific performance, file counts for the value of lost opportunities and punitive damages (if allowed). In the German show world, the puppy & young adult show record is essential to the adults success. You have been denied the opportunity to establish this record thus quite likely limiting the success you will have and thus the value of the dog.
If punitives are allowed in NC that could substantially raise the value of these suits meaning a more interested & active atty and might possibly give you the bargaining power to get a contingent fee arrangement where the lawyer gets a % of the recovery & only gets pd if (s)he wins.
Get the atty to file criminal complaints vs J at a minimum(possibly the Ls depending on what can be proved). You or he may also want to contact the postal inspectors re mail fraud if any of the communications were done by US Mail.
Finally zero - why the h*ll are you willing to wait another 3 mo. They've had 17 mo.
Have you heard of overnight mail or Fed Ex. Give him a 7 to 10 day deadline for receipt NOT for "it's in the mail". If he says can't I'm on maneuvers then tell him have his wife or kennel manager do it. If he still says he can't then you know right there he will never be sending them.
Finally know this. In the law there is a concept called laches. It can bar recovery of a legitimate claim. Laches means sitting on your hands - not attempting to make an effective claim in a TIMELY manner. The rationale is your delay can adversely affect the other person's ability to respond. So enough already-STOP sitting on your hands. P knew J was a deadbeat to the tune of 14k yet he VOLUNTARILY entered into a deal with her that could cost him another 14K. WHY? And why should he penalize you for a risk he CHOSE to take?
One last btw. You can complete your working titles in USCA as an unreg dog but whether they could then be transferred to a registered status atva later time I do not know.
Wait -one more for the benefit of future puppy buyers. People - when you buy a puppy what you are buying is puppy breath & nothing more. These are living breathing creatures not toasters and can't be warrantied like a toaster against future problems - health or structural so don't be overpaying for puppy breath. I find the amounts quoted here to be stunningly outrageous and as one post noted the breeder was probably only pd 1/6th to 1/3 of that. Also when possible find a good local breeder and go with them. If they are in your community they care about their reputation and if they don't it's far easier to go after them. Most places have good local breeders - take the time to find them and DO NOT BUY A DOG THRU THE WEB!
by Cahns Mom on 15 August 2019 - 01:08
by TIG on 15 August 2019 - 20:08
I wish you luck and a good outcome.
Remember - Illegitimi non carborundum
Something I did not mention btw is that there is no shame in deciding not to use good money to chase bad. A hard decision to make but sometimes the smartest.
Also should it end badly know that except for conformation showing there is a literal universe of dog sports that can be done w an unregistered dog. Get an AKC PAL # that opens the AKC world and makes it a bit easier w USCA AHBA etc. My favorite is herding esp in the AHBA.
Again the best of luck. If I can offer any help PM me.
by Cahns Mom on 15 August 2019 - 21:08
by lordzero on 20 August 2019 - 18:08
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