Registering Pure Bred

[bengalbabe]

Originally Posted by Mihoshi

I would tell her (since she lives closely) that you are willing to file a claim in small claims court. Normally, and I've seen quite a few examples of this, if a breeder refuses to pony up the registration (and you have it in writing that it is part of the total cost), than most judges will treat is as though you bought a stray for $50, and returns the rest of the adoption costs to you. You've waited more than a reasonable amount of time, and at this point, I would say she's a scammer and either doesn't have papers or isn't going to send them to you. It's not your problem if she can't remember to send you the papers, you have kept up your end of the contract.

Quite frankly, if you have paid for registration in TICA (which is outlined in your contract), and she will not deliver, than she is a fraudulent seller, period - excuses are not acceptable. You have no way to prove that you bought a purebred anything without papers, making the "item" that you bought falsely advertised/sold. Obviously, you wouldn't have paid as much as you did for an unregistered cat, so I would take the matter as far as it has to go.

I agree. Small claims court is a simple and inexpensive process too. Most of the time you can file right over the internet.

 

[solaritybengals]

Originally Posted by bengalbabe

I agree. Small claims court is a simple and inexpensive process too. Most of the time you can file right over the internet.

I'm glad to know this. One of my coworkers breeds and she thinks that contracts are pointless as there really is no way to enforce them (in the reverse situation).

 

[bengalbabe]

Originally Posted by SolarityBengals

I'm glad to know this. One of my coworkers breeds and she thinks that contracts are pointless as there really is no way to enforce them (in the reverse situation).

The problem is that the state will not enforce the descision of the court. You have to find a way to collect. Sometimes that means hiring the sherriff to go to the residence and repo or whatever.
But just the thought of going to court might scare her into cooperation.

 

[mihoshi]

The #1 problem breeders have with their contracts is repossesion. Small claims court cannot force anyone to give back items (unless the people holding the items agree to do so in court of their own free will). You have to go through the states supreme court to claim back property if the people who have the items don't want to give them back - now that can be costly.

To the same effect, small claims can't make a person alter their cat, but they could penalize them for it (if it's outlined in the countract). But the problem here is very simple, a registered cat was bought but, ultimately, not delivered. In most states, it only costs $20 to file a claim, and you can hand deliver or mail the forms to the defendant. Depending on your state, you may also get your filing fee back if you win - but it's wise to add the fee to the claim just in case (as the matter is completely the breeders fault).