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Respected Contributor
Posts: 3,765
Registered: ‎03-13-2010

Re: Bait & Switch Hearing - Legal Feedback Appreciated


@qbetzforreal wrote:

"A praecipe for appearance is just a formal notice to the court that an attorney is representing a particular party."

 

My guess is that you will be asked to explain to the Court why you took possession of the dog who was sick and without the medication you were promised.


===================================

I'm sure they gave the lawyers the 3 letters I sent them asking WHY they told me the dog was "fine" when she wasn't.

WHY would anyone do that?  I was there for almost 3 hours ... the girl told me,

IF YOU ADOPT THE DOG, WE'LL GIVE YOU A 10 DAY protocol of Clavamox.

I sign the papers, then suddenly, "the dog is fine" ....????

They need to explain to ME what happened.

I don't know what happened.

All I can tell you is I was mad as h*ll when I left there because the situation made no sense.

After I called the girl a "liar", she then told me "the Vet says the dog is fine".

I called HIM a liar too!

After 3 hours??? What the heck was I supposed to do?

The place is run like a "used car" lot but I didn't expect this from an animal shelter.

That's the whole point of "bait & switch" ... to catch you off guard and make a sucker out of you.

 

"The less you respond to negative people, the more peaceful your life will become."
Esteemed Contributor
Posts: 5,477
Registered: ‎08-28-2010

Re: Bait & Switch Hearing - Legal Feedback Appreciated


@RinaRina wrote:

@qbetzforreal wrote:

"A praecipe for appearance is just a formal notice to the court that an attorney is representing a particular party."

 

My guess is that you will be asked to explain to the Court why you took possession of the dog who was sick and without the medication you were promised.


===================================

I'm sure they gave the lawyers the 3 letters I sent them asking WHY they told me the dog was "fine" when she wasn't.

WHY would anyone do that?  I was there for almost 3 hours ... the girl told me,

IF YOU ADOPT THE DOG, WE'LL GIVE YOU A 10 DAY protocol of Clavamox.

I sign the papers, then suddenly, "the dog is fine" ....????

They need to explain to ME what happened.

I don't know what happened.

All I can tell you is I was mad as h*ll when I left there because the situation made no sense.

After I called the girl a "liar", she then told me "the Vet says the dog is fine".

I called HIM a liar too!

After 3 hours??? What the heck was I supposed to do?

The place is run like a "used car" lot but I didn't expect this from an animal shelter.

That's the whole point of "bait & switch" ... to catch you off guard and make a sucker out of you.

 


@RinaRina- As other posters have pointed out this not a case of bait and switch. 

 

Bait and switch would be if you went in to get one dog and when you get there, they give you a totally different dog.

 

If anything, this is may be a case of misrepresentation.  That would be up to the Court to make that determination.

 

You accepted responsiblity of the dog when you left with dog without the medication which you state was promised.

 

Again, be prepared to explain why you left with the dog w/o the meds.

Respected Contributor
Posts: 3,765
Registered: ‎03-13-2010

Re: Bait & Switch Hearing - Legal Feedback Appreciated

[ Edited ]

@qbetzforreal wrote:

@RinaRina wrote:

@qbetzforreal wrote:

"A praecipe for appearance is just a formal notice to the court that an attorney is representing a particular party."

 

My guess is that you will be asked to explain to the Court why you took possession of the dog who was sick and without the medication you were promised.


===================================

I'm sure they gave the lawyers the 3 letters I sent them asking WHY they told me the dog was "fine" when she wasn't.

WHY would anyone do that?  I was there for almost 3 hours ... the girl told me,

IF YOU ADOPT THE DOG, WE'LL GIVE YOU A 10 DAY protocol of Clavamox.

I sign the papers, then suddenly, "the dog is fine" ....????

They need to explain to ME what happened.

I don't know what happened.

All I can tell you is I was mad as h*ll when I left there because the situation made no sense.

After I called the girl a "liar", she then told me "the Vet says the dog is fine".

I called HIM a liar too!

After 3 hours??? What the heck was I supposed to do?

The place is run like a "used car" lot but I didn't expect this from an animal shelter.

That's the whole point of "bait & switch" ... to catch you off guard and make a sucker out of you.

 


@RinaRina- As other posters have pointed out this not a case of bait and switch. 

 

Bait and switch would be if you went in to get one dog and when you get there, they give you a totally different dog.

 

If anything, this is may be a case of misrepresentation.  That would be up to the Court to make that determination.

 

You accepted responsiblity of the dog when you left with dog without the medication which you state was promised.

 

Again, be prepared to explain why you left with the dog w/o the meds.


 

Here's my answer:

YOU TELL ME WHY I LEFT AFTER being at the shelter for almost 3 hours .. convinced I had made a good choice WITH THE CLAVAMOX ... they baited me and switched gears as I was on my way out the door.

So, you tell me why I left with the dog after arguing with the "counselor";  calling her a liar and calling the veterinarian a liar too.  I left with the dog AND THE LIE.  "The dog is fine."... Only to find out 2 hours later, that what I saw at the shelter was true - the dog was sick - as I was told ... the dog was not "fine".

What should I have done .... continued to argue until I was kicked out of the facility?

YOU TELL ME why I left with NO Clavamox.

WHY wasn't I given the Clavamox?

I want my $872 dollars back that the shelter should've spent getting this dog well.

@qbetzforreal 

I appreciate your feedback.

It gives me an opportunity to practice.

Unfortunately, this also keeps me angry 24/7 which is bad for my health and for that reason, I CAN'T post exactly what I'm going to say because some of it is ... not fit for print.

 

"The less you respond to negative people, the more peaceful your life will become."
Trusted Contributor
Posts: 1,272
Registered: ‎06-27-2010

Re: Bait & Switch Hearing - Legal Feedback Appreciated

I guess my question would be why you didn't just get up and leave without the dog.  However, if you were already in love with the dog (as I would have been) then I understand.

 

In my opinion though, answering the question of why you left with the dog, with " you tell me why..." will not be an acceptable answer.   Again, you could have just left alone.

 

Having just spent close to $10k on one of my rescues that had pancreatitis that led to diabetes and had to be hospitalized for 5 days, all I can say is these things happen when you take responsibility for a life.  We are so happy that our boy made it and has adjusted to getting insulin shots 2x a day, that the exorbitant bill has been chalked up to our love for him.  We're paying it off monthly on a credit card.  

So I understand that $900 is also a lot of money, but I couldn't put myself through all of this stress to recoup it if the dog is doing well.  

Esteemed Contributor
Posts: 5,477
Registered: ‎08-28-2010

Re: Bait & Switch Hearing - Legal Feedback Appreciated

[ Edited ]

@RinaRina- Well, good luck to you in court.  I hope your upsetness desipates before the hearing.

 

A bit of advice, in court you can't answer a question with a question.

Honored Contributor
Posts: 31,034
Registered: ‎05-10-2010

Re: Bait & Switch Hearing - Legal Feedback Appreciated

I don't think that's "bait and switch". I think your case is breaking a contract. I assume when you adopted the dog, there was a contract stipulating your agreement to provide proper care, living space, medical care etc. That contract should have documented the dog's medical condition and the shelters promise to provide that medication. With the contract, your case should be easy. Without a contract, it will be a "he said, she said" situation.  All you can do is tell the truth and take the documentation you have with you.  

Respected Contributor
Posts: 3,743
Registered: ‎03-10-2010

Re: Bait & Switch Hearing - Legal Feedback Appreciated

@RinaRina 

I asked you in two of your previous posts why you took the dog to three different vets. That sounded strange to me. You never responded. So I'm asking again.  Why??


Harmonize the World
Respected Contributor
Posts: 3,765
Registered: ‎03-13-2010

Re: Bait & Switch Hearing - Legal Feedback Appreciated

[ Edited ]

@fairydogmother wrote:

@RinaRina 

I asked you in two of your previous posts why you took the dog to three different vets. That sounded strange to me. You never responded. So I'm asking again.  Why??


===============================

Getting a 2nd opinion is strange to you?

People get 2nd (or 3rd) opinions all the time.

So, I find it strange that YOU think it's strange.

I got THREE DIFFERENT OPINIONS FROM THREE DIFFERENT VETS and the THIRD OPINION WAS THE CORRECT ONE.

 

Maybe I never made it clear, but the dog actually had mycoplasmosis and needed a different antibiotic, NOT Clavamox.

That's why it took a MONTH and not "10 days" to make her well.

 

THANKS for asking the question.  I'll be sure to make that point at the hearing.

"The less you respond to negative people, the more peaceful your life will become."
Respected Contributor
Posts: 3,765
Registered: ‎03-13-2010

Re: Bait & Switch Hearing - Legal Feedback Appreciated

[ Edited ]

@chrystaltree wrote:

I don't think that's "bait and switch". I think your case is breaking a contract. I assume when you adopted the dog, there was a contract stipulating your agreement to provide proper care, living space, medical care etc. That contract should have documented the dog's medical condition and the shelters promise to provide that medication. With the contract, your case should be easy. Without a contract, it will be a "he said, she said" situation.  All you can do is tell the truth and take the documentation you have with you.  


==============================================

 

THANK you!  This is what I need to know.  To me, it was "bait & switch" to others, it's breaking a contract.  

I'm not sure I'll have to use the correct terminology given that I'm not a lawyer, but I do need to make my position clear.

I don't know why peeps keeps asking why I took the dog.

Obviously, I was interested in getting the dog given the amount of time I was there (2.5 hrs) with the dog.  I was able to keep my other dog alive who had cancer for 1.2 years, so "ten days" was nothing to me.

The fact is, I was lied to and misled.

Think about it --- Just as I'm about to walk out the door with the dog I remind her about the antibiotics.  She threw me a curve ball, knowing full well our entire conversation was about the dog's sad history, including being returned by another adopter 2 days prior to my visit.

We started arguing ... things got out of hand ... and I HAD to leave.

Sometimes it's just better to walk away from an argument than to continue pursuing it ... before it escalates into something worse.

That applies to any situation.

 

"The less you respond to negative people, the more peaceful your life will become."
Honored Contributor
Posts: 31,034
Registered: ‎05-10-2010

Re: Bait & Switch Hearing - Legal Feedback Appreciated

@RinaRina wrote:
@chrystaltree wrote:
I don't think that's "bait and switch". I think your case is breaking a contract. I assume when you adopted the dog, there was a contract stipulating your agreement to provide proper care, living space, medical care etc. That contract should have documented the dog's medical condition and the shelters promise to provide that medication. With the contract, your case should be easy. Without a contract, it will be a "he said, she said" situation. All you can do is tell the truth and take the documentation you have with you.  
==============================================
THANK you! This is what I need to know. To me, it was "bait & switch" to others, it's breaking a contract.  
I'm not sure I'll have to use the correct terminology given that I'm not a lawyer, but I do need to make my position clear.
I don't know why peeps keeps asking why I took the dog.
Obviously, I was interested in getting the dog given the amount of time I was there (2.5 hrs) with the dog. I was able to keep my other dog alive who had cancer for 1.2 years, so "ten days" was nothing to me.
The fact is, I was lied to and misled.
Think about it --- Just as I'm about to walk out the door with the dog I remind her about the antibiotics. She threw me a curve ball, knowing full well our entire conversation was about the dog's sad history, including being returned by another adopter 2 days prior to my visit.
We started arguing ... things got out of hand ... and I HAD to leave.
Sometimes it's just better to walk away from an argument than to continue pursuing it ... before it escalates into something worse.
That applies to any situation.
In this situation, it would have been wiser to leave without the dog. I understand that emotionally you needed another dog and that probably clouded your decision making. Also they had a sick dog that that had failed an adoption and they wanted to get rid of him so they played on your emotions. 99% of people under the circumstances you describe would not have left with a sick dog that required medication. The wouldn't have engaged in an argument. Nonetheless, that's over and can you let the court resolve this.