an adopter declawed even though its against policy

nano

TCS Member
Super Cat
Joined
Mar 11, 2005
Messages
719
Purraise
13
Why even have a contractual policy if you won't enforce it on a very flagrant violation?
 

yosemite

TCS Member
Veteran
Joined
Apr 26, 2001
Messages
23,313
Purraise
81
Location
Ingersoll, ON
Originally Posted by Nano

Why even have a contractual policy if you won't enforce it on a very flagrant violation?
My feelings exactly! Why bother!

This person by not showing up for her meeting with you, speaks volumes to me. She has no respect for you and none for the contract she signed. Not a very trustworthy person as far as I'm concerned.
 

tnr1

TCS Member
Veteran
Joined
Oct 5, 2003
Messages
7,980
Purraise
13
Location
Northern Virginia
This is not about whether it is ok to declaw cats or whether people who declaw cats are bad cat owners (which no one said)...this is about a contract that an adoptor signed agreeing to do (and not do) certain things based on the policies of the rescue group (our group has the exact same policy)...if this person had signed that they would take care of the cat by feeding it and somehow the organization found out that the cat did not receive any food..there would be no debate on whether the cat should be taken back. For many rescue organizations....they have clauses stating that a cat that currently has it's claws will not be declawed. If an adoptor has an issue with a cat with claws...they can certainly return the cat to the rescue group and adopt one that already is declawed or go to a shelter that does not have that policy. The fact that this person decided to ignore their contractual obligation speaks volumes to me and I truly believe if you cannot trust your adoptors to follow the contract..they really aren't good adoptors for your cats.

Katie
 

dawnofsierra

TCS Member
Veteran
Joined
Feb 24, 2004
Messages
16,678
Purraise
24
Location
Loving my beautiful baby girl
I have a question, please, if noone minds my asking? What if this woman, or any person who blatantly broke the contract they signed upon adopting a kitty refused to return the cat? Is this a legally binding contract in which you could involve the police to enforce her safe return?
 

ciera23

TCS Member
Alpha Cat
Joined
Apr 7, 2005
Messages
701
Purraise
2
Location
BG, Ohio
Originally Posted by palisades

i am really thinking that this kitty is going to have to come back to the rescue. we were supposed to have our meeting today and the lady did not show up. i was there for over an hour waiting and she just didnt show up. i left messages and have not heard back from her.

i think if i did leave her in the home i would worry for the next 20 years like someone mentioned. i just dont have a good feeling anymore about the whole situation. i had actually considered not taking her back. hopefully this lady will have a good reason for not showing up or rather being home. i hope she does. i guess we will see.

i do appreciate everyones opinions and suggestions. hopefully it will all be worked out soon and have a happy ending.
I cannot believe she didn't show up. I agree with the others that it says alot about her and I would be ticked off!! If you don't have a good feeling about it, then sounds like you need to take her back. It's hard because it makes you feel that if she was deceitful about that, what else will she lie about? Taking care of the kitty? I sure hope not but I would be worrying about that too!
I am also interested to know about what Dawnofsierra asked. Can you get the police involved with this? I mean, she did sign a contract stating that she wouldn't do that so I would think that it is legally binding. Is it?
 

amy-dhh

TCS Member
Super Cat
Joined
Dec 8, 2004
Messages
824
Purraise
2
Location
LI, NY
Originally Posted by dawnofsierra

I have a question, please, if noone minds my asking? What if this woman, or any person who blatantly broke the contract they signed upon adopting a kitty refused to return the cat? Is this a legally binding contract in which you could involve the police to enforce her safe return?
I was actually wondering the same thing. Not whether the contract is legally binding, because it probably is (even a verbal agreement would be legally binding) - but what you will do if she just flat out refuses.

Are you prepared to take her to court or get the police involved? I would certainly HOPE it doesn't come to that, but it's not out of the realm of possibility that she starts ignoring your phone calls and/or refusing to cooperate in any way. For example, what happens if she sends the cat to her mothers to "hide" it until you stop "bothering" her (in her opinion)?

I wish you the best of luck. My hope is that the kitty is well loved and in a good home, and that her tears were genuine at the thought of you taking the kitty back.
 

cyberkitten

TCS Member
Super Cat
Joined
Mar 25, 2005
Messages
1,185
Purraise
1
Location
Canadian Maritimes
I think it is incredulous that she failed to show up when she had the opportunity.

That said, you operate a rescue with a contract that states if an adopted declaws, they must surrender the cat. I think that says it all. She broke the rules and did not care - she in no way deserves to keep the cat. You need to enforce your contract or risk the reputation and credibility of your recsue organization. Go and pick up the cat, the sooner the better. Bring at least someone or more than one other member with you and pick up the cat.

I am against declawing but the fact this woman signed a written binding agreement and then violated it means she is not trustworthy and that questions whether she will follow the other parts of the contract. Let her scream and cry - it's sad for her to loose the cat but she knew what she was doing and if she did not, then she is saying she is not competent to understand a contract much less care for a kitty.
 

jennyr

TCS Member
Top Cat
Joined
Dec 6, 2004
Messages
13,348
Purraise
593
Location
The Land of Cheese
It has all been said. I think that if she does not get in touch with you within 24 hours of missing hte meeting, with a valid reason, then it is time to simply go to her house, with back-up, not alone, and take the cat back. There can be no argument. If she wants to sue you, let her - you have an agreement in writing adn you have tried since to see her and negotiate and she has refused by not turning up. 'Nuff said.
 
  • Thread Starter Thread Starter
  • #29

palisades

TCS Member
Thread starter
Adult Cat
Joined
Dec 5, 2004
Messages
118
Purraise
0
Location
Cary, NC
hi everyone- sorry for not getting to ya'll sooner. its my last week of class and my mother is in town. its been quite busy.

i heard from the adopter. she said she had to go pick up her granddaughter from school and hadnt forgotten about the meeting. she claimed she didnt have a way to contact me. a new meeting has been set up so we shall see.

about the contracts holding up. from what i have heard from other rescues is that most of the time people will surrender them without much of a fight since they know what they did was wrong and whatnot. i have only heard of one time that there was a battle over a dog. the police did get involved (it was a smaller town though) and the pup was taken back to the rescue.

hopefully it will not get to that point. i do have all of the records and emails on file as back up. i'll let you know how it goes. thanks again for all the advice. anna
 

ciera23

TCS Member
Alpha Cat
Joined
Apr 7, 2005
Messages
701
Purraise
2
Location
BG, Ohio
Thanks for the update. When is the next meeting scheduled for?
Let us know how it turns out ok?
Good luck.
 

krazy kat2

TCS Member
Top Cat
Joined
Sep 14, 2001
Messages
8,085
Purraise
41
Location
Somewhere in Georgia
I am just catching up on all the threads from the week, so I am chiming in late. I felt sick when I read the thread. I adopted out a kitten that I had rescued (not through an agency) to a vet tech, that assured me that she would not declaw him and that she lived with her boyfriend. I told her I would take him back at any time if it did not work out. I went to the vet's office several weeks later, and she said she had just taken him home from his neuter and declaw surgery a few minutes before, and hoped her yopunger siblings were not bothering him while he was recovering. I was livid!!!! I told her I wanted him back immediately and she refused. Since I had nothing in writing, I had no recourse. I am still just sick over it, and it has been over a year.
As much as I hate the thought of her doing this to another cat, I feel that the rules should be enforced. There is no good excuse for her breaking the agreement then missing your meeting.
If she would deliberately decieve you, she would likely have no problem throwing this poor cat out if it bites or develops any behavioral problems because of what she has subjected it to.
Just my
 

dr. doolittle

TCS Member
Veteran
Joined
May 31, 2004
Messages
508
Purraise
1
Location
British Columbia, Canada
I would just like to make a comment coming from the veterinarians perspective. When you adopt out a cat to someone and they sign a contract and pay $$$ for the animal it becomes legally their responsibility. The veterinarian then works with the owner to make decisions with regards to the animal. Any and all information in the medical record is confidential and available only to the owner and the vet that performed the work. If the vet were to call your organization and discuss this case with you he would be breaking the law. End of story.

Before you go burning bridges with a clinic that provides your organization service I would stop and think about the vets obligation to his client. You have no idea if he tried to talk the client out of the declaw or not. The client was the one that broke the contract with you, not the vet.
 

5catsandcountin

TCS Member
Alpha Cat
Joined
Apr 14, 2005
Messages
358
Purraise
2
Location
CA
Originally Posted by Dr. Doolittle

I would just like to make a comment coming from the veterinarians perspective. When you adopt out a cat to someone and they sign a contract and pay $$$ for the animal it becomes legally their responsibility. The veterinarian then works with the owner to make decisions with regards to the animal. Any and all information in the medical record is confidential and available only to the owner and the vet that performed the work. If the vet were to call your organization and discuss this case with you he would be breaking the law. End of story.

Before you go burning bridges with a clinic that provides your organization service I would stop and think about the vets obligation to his client. You have no idea if he tried to talk the client out of the declaw or not. The client was the one that broke the contract with you, not the vet.
If the vets office had a working relationship with the adoption agency the vet could have easily said * I am sorry, we do not perform this service on cats that come from this rescue group.*

Instead, the vet did it...for one reason only, the money. The vet could have just as easily gave the person a referral and sent the person to another vet and kept the relationship with the rescue group. This has nothing to do with confidentialy....it has to do with 2 sides breaking a contract and an understanding..........end of story....
 

yosemite

TCS Member
Veteran
Joined
Apr 26, 2001
Messages
23,313
Purraise
81
Location
Ingersoll, ON
Originally Posted by 5catsandcountin

If the vets office had a working relationship with the adoption agency the vet could have easily said * I am sorry, we do not perform this service on cats that come from this rescue group.*

Instead, the vet did it...for one reason only, the money. The vet could have just as easily gave the person a referral and sent the person to another vet and kept the relationship with the rescue group. This has nothing to do with confidentialy....it has to do with 2 sides breaking a contract and an understanding..........end of story....
I totally agree. The vet clinic was as much to blame as the person getting the cat. They BOTH broke agreements.
 

nano

TCS Member
Super Cat
Joined
Mar 11, 2005
Messages
719
Purraise
13
I can appreciate Dr. Doolittle's comments, but..,

If the vet is getting new clients based on referrals and contacts through the rescue group, then they definitely failed to hold up their end of the bargain. Some vets "clean up" financially by fashioning themselves as the pet-lover's vet who are ready to go the extra mile for the good of the animals. I mean, c'mon! Just look at how people boycott a mascara that tests on animals. You can flush all that good public relations down the loo if he is declawing clients referred from an anti-declaw rescue group.
 

bigorangemenace

TCS Member
Alpha Cat
Joined
Apr 12, 2005
Messages
660
Purraise
1
Location
Wisconsin
Ugh, I hate declawing cats.. its unnatural.. the only reason my boy Elliot is declawed was because Ihad no say in the matter (mom) Declawing is a horrible thing to do to a cat! Its so much easier to teach them not to scratch things, (and so much cheaper just to buy them some scratching toys!) That's horrible that the vet didnt respect your rescues agreements on declawing,and you are right to not go to them anymore!
 

dr. doolittle

TCS Member
Veteran
Joined
May 31, 2004
Messages
508
Purraise
1
Location
British Columbia, Canada
Palisades said this vet provided her organization service and knew about the no-declaw policy, she did not say that their was a contract involved with the clinic. I am not saying that I support declaws, in fact I hope her organization enforces the contract and takes the cat back- then maybe future adopters will think twice. As a former shelter employee, I understand the frustration this situation causes! But as a clinic emloyee I also understand the vets obligation to his client. Unless the entire clinic had a no-declaw policy, the client should be treated like every other client, not differently just because her cat came from a certain rescue group.
 
Top