I'm in New Jersey, I am in the process of filing a small claims case against the store that I purchased an animal. I was told that the dog was a purebred, after getting a DNA test 2 years later because everyone told me she's not a purebred, it turns out she's a mix. I called the company and told them, they said to email. I emailed them, they never responded. I said they have a deadline to get back to me and they never responded. I have the contract (without a price on it) and my bank statement showing that I paid them x amount of money. However I do not have a direct receipt. If i was to go into the store, and ask them to print out the order details from their system, would that have negative repercussions on me in court, or am I entitled to that discovery? They still have the order in their system with the price. Me and my girlfriend both remember the exact price we purchased the dog for, but we don't have it on paper technically to prove it. If i just bring the statement in, I fear they will say "we charged him only 400 for the dog, and the other 700 was on pet supplies"
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Small claims question
- Thread starter C17little
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Zigner
Senior Member, Non-Attorney
Huh? This is a contracts case with hints of fraud..both are 6 years. OP's barely 1/3 of the way along.
The contract says only mini schnauzer. If its a mix, it should say all breeds. The people when I bought the dog even told me she was purebred, and my girlfriend can be a witness to that. Even when I called, they claimed she was pure bred
quincy
Senior Member
Product liability is a manufacturer's or seller's liability for damages or injuries suffered by a buyer (or user or bystander) as a result of a defective product.
C17little, are you prepared to return the dog to the store in exchange for a refund?
The miniature schnauzer is an AKC recognized breed: http://www.akc.org/dog-breeds/miniature-schnauzer/
Last edited:
The dog I recieved was a Mini Schnazuer and Poodle. Poodle has nothing to do with the breed They advertised me as.
adjusterjack
Senior Member
"I was told" is the most dangerous phrase in the English language.
The contract is what counts, not the price.
Does the contract say purebred?
They aren't going to give it to you. Besides, NJ small claims court does not allow discovery so you would have to rely on your own evidence and documents to make your case. If you want to engage in discovery and demand production of documents you would have to sue in Special Civil Part, which gets a lot more complicated.
You can't know that for sure.
You paid $1100 for a dog because you thought he was a purebred? Yikes. When will people learn?
Unfortunately, buying a dog is like buying a car. Unless you get a written warranty, you buy it as is and it was up to you to check his bona fides before buying.
Zigner
Senior Member, Non-Attorney
Min Schnauzer's came about by breeding "regular" schnauzer's with other, smaller breeds (including poodles.)
Reply
They told me they had the order on file via phone call last week. I did get a written warranty.
They told me they had the order on file via phone call last week. I did get a written warranty.
reply
DNA test my dogs parents are a purebred mini shhanzuer, and a Minischnauzer and Poodle. The breed name for Minischnazuer and Poodle is "Shnoodle". It is a separate breed.
DNA test my dogs parents are a purebred mini shhanzuer, and a Minischnauzer and Poodle. The breed name for Minischnazuer and Poodle is "Shnoodle". It is a separate breed.
PayrollHRGuy
Senior Member
What does the written warranty say about this issue?
Zigner
Senior Member, Non-Attorney
Ok, what is the warranty?
quincy
Senior Member
The poodle-schnauzer mixes are cute dogs.
Were you planning on breeding or showing your dog, hence the concern? Or are you upset that you paid a pure-breed price for your mix? Or all of the above?
Most purebred dogs are sold with papers noting the parentage.
Last edited:
Reply
The warranty says that I can not return the dog unless it has a serious illness. It doesn't cover the breed not actually being the breed I was told. However, Would I still be legally binded to said "contract" even though the contract says mini schnauzer when thats not what I got? Isn't that a breach of contract? In my eyes, I would be blinded to it if I received what the contract said, when thats not the case.
I am a 21 year old college student, I'm not a lawyer thats why I'm asking all of these questions haha
The warranty says that I can not return the dog unless it has a serious illness. It doesn't cover the breed not actually being the breed I was told. However, Would I still be legally binded to said "contract" even though the contract says mini schnauzer when thats not what I got? Isn't that a breach of contract? In my eyes, I would be blinded to it if I received what the contract said, when thats not the case.
I am a 21 year old college student, I'm not a lawyer thats why I'm asking all of these questions haha