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by Pharaoh on 02 February 2009 - 20:02
Shelly, you are brilliant.
EMERGENCY WRIT OF POSSESSION
I like the sound of that, an injunction I guess.
Press criminal charges about her entering your house-citizens arrest. That gives you a really good bargaining chip. You have witnesses about her "casing the joint". Get a restraining order too!
Good luck and I recommend home visits like adoption agencies do.
Michele
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Saddened, Upset and Totally Ticked!! by ShelleyStrohl on 02 February 2009 - 17:02 |
ShelleyStrohl Posts: 103 Joined: Thu Jan 15, 2009 03:47 pm |
| File charges for theft. I got a dog back once in CA by going straight to the judge and asking for an "Emergency Writ of Possession." I took the papers with his tattoo number, told the court the dog was in danger of being hidden or sold or worse. Took about 20 min. He even sent two deputies and a locksmith to the house with me to physically remove the dog immediately. I had to let them take the dog to a boarding vet till a hearing 10 days later (my treat) but I did get my dog back safe and sound. Surely there is a similar provision in your state. SS |
EMERGENCY WRIT OF POSSESSION
I like the sound of that, an injunction I guess.
Press criminal charges about her entering your house-citizens arrest. That gives you a really good bargaining chip. You have witnesses about her "casing the joint". Get a restraining order too!
Good luck and I recommend home visits like adoption agencies do.
Michele
by TStrickland on 02 February 2009 - 20:02
Good afternoon. My husband is an attorney, and we went through a very similar thing a few months ago. Now, we're in Alabama, but we filed a suit with the following counts:
1. Breach of Contract- Non-Payment, First right of refusal,
2. Negligence- Failure to exercise ordinary care, in your case, the condition of the dog might be counted
3. Wantoness on the part of the other party- directly buying/selling under false pretenses, etc.
Please note, that legally, your contract is going to be the only binding agreement. Don't forget to document everything, including all comunications. Send mail certified with a return receipt. You can probably get an attorney to write a letter to her stating the logistics of your case very cheaply, as in under $50. It's a scare tactic, but it works more often than you think. If all else fails, take her to court, and don't forget to sue for restitution for general compensatory and punitive damages in excess of the jurisdictional limits with interest and costs. :) If you're going to get her, get her good. I wish you the best.
T
1. Breach of Contract- Non-Payment, First right of refusal,
2. Negligence- Failure to exercise ordinary care, in your case, the condition of the dog might be counted
3. Wantoness on the part of the other party- directly buying/selling under false pretenses, etc.
Please note, that legally, your contract is going to be the only binding agreement. Don't forget to document everything, including all comunications. Send mail certified with a return receipt. You can probably get an attorney to write a letter to her stating the logistics of your case very cheaply, as in under $50. It's a scare tactic, but it works more often than you think. If all else fails, take her to court, and don't forget to sue for restitution for general compensatory and punitive damages in excess of the jurisdictional limits with interest and costs. :) If you're going to get her, get her good. I wish you the best.
T
by ShelleyR on 02 February 2009 - 21:02
Good advice Stricklnad.
IMEx- The more documentation you have when you step into a court of law, no matter what the occasion, the better. Even hand written notes about telphone conversations, in-person communications, anything, is good as long as its neatly organized in a well labeled file folder or 3-ring binder, in chronilogical order.
Just looking like you are a responsible person with a good, clear head on your shoulders MATTERS. Being dressed respectably and polite behavior (no interrupting!) doesn't hurt either.
IMEx- The more documentation you have when you step into a court of law, no matter what the occasion, the better. Even hand written notes about telphone conversations, in-person communications, anything, is good as long as its neatly organized in a well labeled file folder or 3-ring binder, in chronilogical order.
Just looking like you are a responsible person with a good, clear head on your shoulders MATTERS. Being dressed respectably and polite behavior (no interrupting!) doesn't hurt either.
by spernagsds on 02 February 2009 - 21:02
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