being sued over sick puppy......advice please?

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leigh6000

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I have a pet rescue located in Akron, Ohio. In January I adopted a puppy out to a woman. Prior to the adoption, she had questioned the amount of the adoption fee ($150) and claimed she could only "come up with" $100. I explained to her at that time that if she did not have funds for the adoption fee that maybe it was not the right time to adopt as puppies can be expensive, require additional vet visits and other care that might be more than she could afford. She was very upset with me and offended that I would imply that she could not properly care for a puppy. She insisted she did indeed have the money for the adoption fee and could afford the puppy so we went ahead and made arrangements for her to meet/take the puppy.

She and her friend met me to see the puppy and decide if she did want to adopt her. They both fawned all over this puppy and she did indeed want to adopt her. I spoke to her for quite a while about the care of the puppy, went over her vaccination records, info on free pet insurance which she was entitled to, and asked if she had any questions. Part of our adoption "speech" is to let the adopter know that if they wish to return their puppy for any reason they have 10 days to get a refund and after that time we will still take the puppy back, but no refund will be given. Normally we also have an adoption contract but for some reason (that I can not answer) I neglected to have her sign the contract.

Aproximately two weeks later I get a notice from my bank stating that she has stopped payment on her check. Of course I am furious because I assume that she indeed did NOT have the funds for this puppy and has now stopped payment on her check to avoid it bouncing. I contact the adopter and demand that she make immediate arrangements to reimburse me the amount of the check plus the fee my bank has charged me for the return. She does not respond. I am on the same internet provider as she is and can therefore check to see if emails have been read by the other party. I notice she has read my email and still not responded. I sent her a second email stating that I know she has read my email and want to know when she will be taking care of this matter. She again........does not immediately respond. The next day I got an email from her stating that she has stopped payment on the check because the puppy I adopted to her became sick and was euthanized. She claims that the day after she adopted the puppy (which would have been a Sunday) that she took the puppy to her vet for a check up. She claims during this exam that her vet found this puppy to have ringworm, scabies (sarcopic mange), ear mites, and kennel cough. She furthermore suggests that this puppy has never been to a vet and since I supposedly "adopted out a puppy that I knew was sick" she stopped payment on the check.

I personally picked this puppy up from her foster home, spent several hours playing with this puppy prior to the meeting with the adopter, and did not observe any of the things she claims were wrong with this puppy. Two of the things she claims would have had visible leasions, marks, or spots on this puppy. She would have been itching and scratching and frankly quite miserable. These things would have also been observed by her Foster Mom in the two weeks she had this puppy in her care.........they were not. They were also not observed or noted in her vet visit where she got her exam and shots. The puppy also did not appear to have any symptoms of Kennel cough during the time I spent with her or in the two weeks prior while she was with her Foster. I did not look in her ears so I can't say if she had any ear mites, but she did not have any during her vet visit or she would have been treated for them. Likewise, had this puppy shown any signs of illness, parasties, or even that she looked or acted "wrong" she would never have been adopted out in the first place. This puppy was a happy.........and frankly hyper.......puppy.
It should also be noted that neither the adopter or her friend noticed any sores, leasions, scratching, itching, or anything else that would indicate a health problem during our visit or prior to them taking the puppy. She claims that the vet noticed these things during her exam........which is frankly odd as most of these problems do not occur without symptoms of AT LEAST scratching occurring. She then claims that a few days later the puppy started vomiting and having diarrhea........was hospitalized.......and was so sick "with parasites" that they were forced to put the puppy down.

I write this adopter back demanding a copy of her vet records. I tell her that all of our puppies/dogs see a vet before they are adopted and that there was none of the things she is claiming that were observed at the time of this puppy's appointment nor by her Foster Mom. I do not accuse her of lying, but demand to see the records myself as I believe she is making false claims in order to obtain a "free puppy". I get no response.

Aproximately a week later I again demand to see the vet records for this puppy. She replies to me asking for my address to which I respond by sending her the requested address. I receive NO vet records.

I contact her one last time demanding to have these vet records by the following Monday. No records ever come.

After speaking with other rescue friends, my husband, and other family members, I decide that it is really not worth the hassle of taking her to small claims court to get the money back since in my opinion she clearly did not have it. I would have preferred to get the puppy back into our care but was advised that even if I did take her to court that I could not get the puppy.......only the money she owed for the adoption fee......so I just let it go. Then this past Saturday I received papers stating that she was taking me to court to recoup her vet expenses.........and apparently the $150 adoption fee as well.

My questions are..........

1. in the event that this woman did actually incur vet expenses (which I have not seen so I truthfully have no idea) would she even have a case given that she stopped payment on her check.......which basically means she never paid for the puppy in the first place

2. would she be entitled to any reimbursement given that she was also provided with free pet insurance that would have covered all but a $50 deductable on her claims. She was required to call or go online and activate the policy. I don't know if she activated the policy or not.

3. given these are rescued puppies and very fragile I would never rule out that there was something this puppy was harboring that did indeed cause her to become ill. I have not seen any vet records or been given an opportunity to offer (or refuse) to pay any vet bills. Since this adopter was offered the option of returning the puppy (for a full refund) within 10 days and chose not to before she became critically ill would that facor in on any court decision.

If this puppy was indeed infected with any of these parasites that she is suggesting she had, they would be highly contagious and could have effected other dogs that were living in the foster home. Two of these things are also contagious to humans. The Foster family where this puppy stayed has two younger children who could have caught ringworm or scabies (sarcopic mange) from this supposedly infected puppy. We would never let a puppy suffer with anything like she is suggesting let alone adopt one out that was showing signs of illness.
 
Sorry to hear about the problem. I don't think anyone can answer which way things could go except I might liken buying a dog like buying a used car, although that might not be the analogy one would like to hear! Unless there are any other terms agreed upon, such as buying the animal/vehicle subject to testing of some sort, you buy the animal AS IS. Now there probably are some laws regarding "as is" in Ohio and I'm not sure if you spoke to her about the condition of the puppy. If you go to small claims both of you could give conflicting testimony and it might come down to credability. It's not in your favor not to have a contract.

Regarding the canceled check, I'm not sure what that means but her not contacting you was not right either. You could probably collect any fees. I don't see any loss in bringing a case since I can't imagine that you would be liable for any expenses she claims with regard to the dog, especially if it isn't your policy ever to have them checked out before. I'd raise the cost issue that the puppies obviously weren't for sale at that price if the cost for medical checkups were included. If anything, I would doubt that the judge/arbitrator in the case would do more than an offset. Good luck.

leigh6000 said:
I have a pet rescue located in Akron, Ohio. In January I adopted a puppy out to a woman. Prior to the adoption, she had questioned the amount of the adoption fee ($150) and claimed she could only "come up with" $100. I explained to her at that time that if she did not have funds for the adoption fee that maybe it was not the right time to adopt as puppies can be expensive, require additional vet visits and other care that might be more than she could afford. She was very upset with me and offended that I would imply that she could not properly care for a puppy. She insisted she did indeed have the money for the adoption fee and could afford the puppy so we went ahead and made arrangements for her to meet/take the puppy.

She and her friend met me to see the puppy and decide if she did want to adopt her. They both fawned all over this puppy and she did indeed want to adopt her. I spoke to her for quite a while about the care of the puppy, went over her vaccination records, info on free pet insurance which she was entitled to, and asked if she had any questions. Part of our adoption "speech" is to let the adopter know that if they wish to return their puppy for any reason they have 10 days to get a refund and after that time we will still take the puppy back, but no refund will be given. Normally we also have an adoption contract but for some reason (that I can not answer) I neglected to have her sign the contract.

Aproximately two weeks later I get a notice from my bank stating that she has stopped payment on her check. Of course I am furious because I assume that she indeed did NOT have the funds for this puppy and has now stopped payment on her check to avoid it bouncing. I contact the adopter and demand that she make immediate arrangements to reimburse me the amount of the check plus the fee my bank has charged me for the return. She does not respond. I am on the same internet provider as she is and can therefore check to see if emails have been read by the other party. I notice she has read my email and still not responded. I sent her a second email stating that I know she has read my email and want to know when she will be taking care of this matter. She again........does not immediately respond. The next day I got an email from her stating that she has stopped payment on the check because the puppy I adopted to her became sick and was euthanized. She claims that the day after she adopted the puppy (which would have been a Sunday) that she took the puppy to her vet for a check up. She claims during this exam that her vet found this puppy to have ringworm, scabies (sarcopic mange), ear mites, and kennel cough. She furthermore suggests that this puppy has never been to a vet and since I supposedly "adopted out a puppy that I knew was sick" she stopped payment on the check.

I personally picked this puppy up from her foster home, spent several hours playing with this puppy prior to the meeting with the adopter, and did not observe any of the things she claims were wrong with this puppy. Two of the things she claims would have had visible leasions, marks, or spots on this puppy. She would have been itching and scratching and frankly quite miserable. These things would have also been observed by her Foster Mom in the two weeks she had this puppy in her care.........they were not. They were also not observed or noted in her vet visit where she got her exam and shots. The puppy also did not appear to have any symptoms of Kennel cough during the time I spent with her or in the two weeks prior while she was with her Foster. I did not look in her ears so I can't say if she had any ear mites, but she did not have any during her vet visit or she would have been treated for them. Likewise, had this puppy shown any signs of illness, parasties, or even that she looked or acted "wrong" she would never have been adopted out in the first place. This puppy was a happy.........and frankly hyper.......puppy.
It should also be noted that neither the adopter or her friend noticed any sores, leasions, scratching, itching, or anything else that would indicate a health problem during our visit or prior to them taking the puppy. She claims that the vet noticed these things during her exam........which is frankly odd as most of these problems do not occur without symptoms of AT LEAST scratching occurring. She then claims that a few days later the puppy started vomiting and having diarrhea........was hospitalized.......and was so sick "with parasites" that they were forced to put the puppy down.

I write this adopter back demanding a copy of her vet records. I tell her that all of our puppies/dogs see a vet before they are adopted and that there was none of the things she is claiming that were observed at the time of this puppy's appointment nor by her Foster Mom. I do not accuse her of lying, but demand to see the records myself as I believe she is making false claims in order to obtain a "free puppy". I get no response.

Aproximately a week later I again demand to see the vet records for this puppy. She replies to me asking for my address to which I respond by sending her the requested address. I receive NO vet records.

I contact her one last time demanding to have these vet records by the following Monday. No records ever come.

After speaking with other rescue friends, my husband, and other family members, I decide that it is really not worth the hassle of taking her to small claims court to get the money back since in my opinion she clearly did not have it. I would have preferred to get the puppy back into our care but was advised that even if I did take her to court that I could not get the puppy.......only the money she owed for the adoption fee......so I just let it go. Then this past Saturday I received papers stating that she was taking me to court to recoup her vet expenses.........and apparently the $150 adoption fee as well.

My questions are..........

1. in the event that this woman did actually incur vet expenses (which I have not seen so I truthfully have no idea) would she even have a case given that she stopped payment on her check.......which basically means she never paid for the puppy in the first place

2. would she be entitled to any reimbursement given that she was also provided with free pet insurance that would have covered all but a $50 deductable on her claims. She was required to call or go online and activate the policy. I don't know if she activated the policy or not.

3. given these are rescued puppies and very fragile I would never rule out that there was something this puppy was harboring that did indeed cause her to become ill. I have not seen any vet records or been given an opportunity to offer (or refuse) to pay any vet bills. Since this adopter was offered the option of returning the puppy (for a full refund) within 10 days and chose not to before she became critically ill would that facor in on any court decision.

If this puppy was indeed infected with any of these parasites that she is suggesting she had, they would be highly contagious and could have effected other dogs that were living in the foster home. Two of these things are also contagious to humans. The Foster family where this puppy stayed has two younger children who could have caught ringworm or scabies (sarcopic mange) from this supposedly infected puppy. We would never let a puppy suffer with anything like she is suggesting let alone adopt one out that was showing signs of illness.
 
The puppy had been vet checked prior to her adopting her.........it's just that the appointment was two weeks prior so in the interum there is a possibility that she could have developed things she was exposed to prior to her going to the vet. This is the risk we take with shelter pets.

None of the things she is claiming were present at the time of the adoption. She did not even notice there was a problem until she took this pup to the vet (according to her).

If you liken this to a car it's like you took the car in for a check up two weeks before the sale of the car. The mechanic finds no problem.

At the time the person took the car, it was working fine, but then her mechanic found something wrong.

Instead of you returning the car for a refund, you stop payment on the check, have the car repaired, then sue the former owner for the cost of repairs.......then junk the car since it was not repaired to your satisfaction.

You don't give the former car owner an opportunity to return the money in exchange for the car back.......you don't tell the former owner there is a problem with the car........and you junk the car without ever telling the former owner you are not happy.
 
You need to demand a letter from her vet. These are not serious health problems so there is no reason to offer a refund or partial refund had the check cleared in the first place. Her check is a contract and it has been broken. You have a case agianst her not the other way around.
 
Also, befor it gets too late you should contact the police and file a complaint against her. Like stolen property, theft by check. The vet has nothing to do with it. Just her smoke and mirrors to get a free puppy out of you because she has buyers remorse.
 
Well........

Today was our date for court. I finally got her vet papers 2 days ago even though I had made several demands and finally sent her a registered letter with a prepaid return envelope per my attorney's instructions.

Most of the things she claimed were wrong with the puppy were lies. The only thing on the vet report that she said the puppy had were ear mites that he gave her a $15 dose of medication for. He did a fecal on the puppy that was negative for any parasites. Then he VACCINATED her. She had been vaccinated only 10 days prior. The protocol for vaccinations is a period of two to three weeks in between vaccinations. Basically the vet over vaccinated this puppy.......which of course depressed her immune system.

Due to the depressed immune system, the coccidia that she had in her system (and what most all animals have) started to multiply. Normally their immune systems keep them under control, but once they start to multiply they can cause vomiting, diarrhea, and blood loss if not caught early. She waited two days with the puppy not eating or drinking before she finally decided to take her in to the vet(all the while the coccidia were taking over her intestines and she was dehydrating). She took her into the emergency vet. They did not do a fecal but did do bloodwork. You can't determine coccidia from bloodwork and frankly I would have assumed they would have given a parvo test to rule that out.......but they did not. They gave her fluids, pepcid and sent her home.

The next day she went to her regular vet who supposedly did a fecal which showed coccidia. He gave her an antibiotic injection and sent her home.

That night she went back to the ER. She told them the vet suspected Coccidia. They gave the puppy more fluids, pepcid, an anti vomiting drug, and amoxocillin. They did not give this puppy one thing to treat the coccidia. There are three different medications that are sulfa based antibiotics that are used to treat parasitic infections........Amoxocillin is not one of them.

At no point did either vet give this puppy more than a general antibiotic. On top of them over vaccinating her in the first place, I truly believe they are the ones responsible for her not getting over this by not treating her for what she was diagnosed with.

I offered to pay the $15 for the ear mite medication and the $50 deductible that the Pet insurance would not have covered, but told them the rest of the bills should have been filed on her insurance. She chose not to sign up for it, so it is her responsiblity to pay the bills. We give them insurance just for things like this. I can't go home with her and force her to sign up for it, but I am also not going to be stuck paying vet bills because she was either too lazy or couldn't be bothered. She took the money and settled.

I could have been a real witch and counter sued for the adoption fee and made it really ugly because at no point did I/we (meaning the rescue) do anything wrong. However once I got her vet bills and understood what REALLY happened I did feel sorry for her a bit. I wish she had chosen to talk to me from the beginning and work with me. I don't think it would have come to this point, but I do think she realized she really had no case or she wouldn't have settled for so little amount.
 
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