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Thinking of suing

lena_k
October 30th, 2005, 06:14 PM
Hi,

I recently purchased a pedigreed kitten from a breeder in California. However, the breeder will not sign over the registration papers for this kitten. I paid for the kitten, and the breeder cashed the check. The organization with which the kitten is registered is not help.

Can I sue in small claims court to get the registration papers. I have a contract and the copy of the cashed check. Will that be enough? Also, any other suggestion regarding this...

Thanks!

Lena

Lucky Rescue
October 30th, 2005, 06:47 PM
The law states a breeder must give you the registration papers for a purebred animal, and for no cost.

What is her reason for not giving them to you?

Your contract and cashed cheque should be enough.

lena_k
October 30th, 2005, 06:52 PM
Basically, the kitten is doing really well at the shows and she did not forsee this, now she wants the kitten back and "will not under any circumstances sign the papers to me" (her quote).

Is there any way you can point me to where I can find this law and quote it in the court room?

Also, when I sue in small claims, if I want to sue for papers and not for money, can that be done?

TIA

StaceyB
October 30th, 2005, 07:06 PM
What is the registry?

lena_k
October 30th, 2005, 07:07 PM
What is the registry?

CFA, but they do not deal with breeder / purchaser, what they call, "contract issues"

CyberKitten
October 30th, 2005, 08:01 PM
The breeder HAS to give you the registration papers. She should have given them to you at the time of sale. I would have a lawyer send her a latter - or call her - and tell her you will be taking legal action. She has something that is yours.

Whether the cat is performing well at shows is immaterial. She no longer "owns" the cat!! My guess is if the breeder treats you like this, she probably has other unhappy clients. Have you researched her - I do think you will have sue her for beach of contract - depending on what the contract you have from her says.

Lucky Rescue
October 31st, 2005, 09:31 AM
Laws vary according to where you live. You need to send her a registered, receipt requested letter, stating that unless she surrenders the registration papers to you by a certain date that you will take her to court.

I doubt she wants to do this, since she will lose and have to pay court costs.

Just curious - how can you show your cat without the papers?

lena_k
October 31st, 2005, 09:50 AM
I am showing the cat as an agent. I put her down as the owner and myself as an agent, that is allowed...

I heard from others, the breeder thinks that I can take her to court. She says she does not care....

The contract says I am the owner, not her... But, it does not state that the papers are to be provided. However, I cannot show that cat for long as an agent, but the contract states show cat. Also, I cannot breed the cat and register the litters, but the contract states breeder cat. Do you think the court will follow that the papers are needed?

Should I go through a small claims court, or go through a lawyer?

Thanks to all for responding!

StaceyB
October 31st, 2005, 10:01 AM
She cannot sell you a purebred animal unless registration papers are provided. I would stop showing her for now.

StaceyB
October 31st, 2005, 10:06 AM
Notice To Be Designated As "purebred" In Canada Must Be Eligible/registered With The Ckc Or Other Association Recognized Under The Animal Pedigree Act.

lena_k
October 31st, 2005, 12:30 PM
I live in Los Angeles, CA. How can I prove to court that registration papers need to be provided after the sale of a show / breeder animal?
In the contract it does not say anything about the registration papers. It says, however, the cat's registration number, the names of the parents, and also that the cat was sold as a breeder / show. But the cat is registered under the breeder, not under myself.