Heres the dilema, i have my 4 year old husky in a boarding facility here in louisville. The agreement was he would stay in there till november 25 and i would pick him up. Upon picking up the dog I would pay the total amount due which is there policy. They called me today and not only does my dog "suddenly" have tapeworms they want the total bill of 600 dollars by wednesday november 4th or they will claim him abandoned and possibly have him put down. When i talked to them about giving them the pills for the tapeworms that suddenly appeared they said you need to pay us first. I dont have 600 dollars just lieing around as the bill wasnt suppose to be due till november 25th. What is my best route to go?
1996 M-Edition-SS Sills, JDM Interior, Partial Black Interior Switchover.
First of all a vet visit and stool sample is required to determine if your husky has tapeworms. I think all they see are the break off pieces of the worm in the dogs poop. Only a vet can determine that. I ran into the same incident myself w/ my dogs and it turned out they were neg on the tapeworms. Looks to me that they are purposely trying to breach your contract for whatever reason.
i think thats the most messed up thing i've heard in a while.
"Pay up or we kill the dog"
I would find a lawyer or see if you can get the police to help you out. [shizzle], call the news. As soon as cameras show up people seem to usually rapidly change their views on stuff.
Seriously though...there's no way they can just call your dog "abandoned" if there's an open line of communication there, and having it put down would just be ridiculous and backwards. Something isn't kosher there. Legal council is your only surefire solution (aside from paying out $600 or committing murder), but using the media to your advantage isn't a bad idea, either. Even the newspaper would suffice, and it'd end up being a lot cheaper.
Quote:
Originally Posted by concealer404
Keep in mind that i know nothing of the KLZE other than it's a 2.5 litre V6 that sounds like god.
Do you have a written contract? If not does your state hold verbal contracts as legal and binding? You might want to check with SPCA or even PETA to see if they will help. As much as I loath PETA they would be useful idiots for you. Cops and media are a good call too as stated above.
Do me a favor - PM me their phone number, the name of your contact there, and if you have ANY paperwork stating what you have said, a receipt, etc - scan it and email it to me: goatcrapp@aol.com
Also - show up with cops and take your dog back. They can go after you for the money through civil courts, but they CANNOT hold your dog ransom... a dog is property, but it cannot be used for collateral (no living thing can)
give me your name, their names, and some phone numbers.
no matter what though - show up immediately with the police. The last thing you want is them poisoning your dog.
At the very least what they are doing is extortion. Your reason for showing up with cops is that you fear retaliatory action against your animal.
On top of that - extortion is a FEDERAL crime under the RICO act...
you need to step in now... worry about the bills later.
Last edited by Goatcrapp : 10-30-09 at 0:32.
94 mx6 - you name it - I did it, came up with it, tried it and rejected it or just plain still have it. 93 mx3 - klze, i/h/e, rims and paint.. daily driver. 98 jeep GC - 5.9L with bolt ons, lifted, locked. 32x10.5 Goodyear MTR winter/ 30x9.5 bfg ta/ko summer
If for any reason things dont work out and you want to spare your dogs life, contact a husky rescue. They will rescue your husky reguardless of the situation, and location. Lets pray not.
If for any reason things dont work out and you want to spare your dogs life, contact a husky rescue. They will rescue your husky reguardless of the situation, and location. Lets pray not.
Thats a negative on the spam. Even though he is a new member all his other posts are legitimate and he is trying to help the OP.
Sorry to hear there are people out there that will use animals to get to peoples pocketbooks. Sadly I bet they have scammed a bunch of old people that are willing to pay because they know less than what is actually going on and are to attached to their animals not to pay.
I'm serious about giving me their phone number. You'd be amazed at what a call from a lawyer will accomplish.
if you can't get to your dog immediately, you need to at least put them on notice so they don't try anything.
94 mx6 - you name it - I did it, came up with it, tried it and rejected it or just plain still have it. 93 mx3 - klze, i/h/e, rims and paint.. daily driver. 98 jeep GC - 5.9L with bolt ons, lifted, locked. 32x10.5 Goodyear MTR winter/ 30x9.5 bfg ta/ko summer
What you're experiencing is actually pretty common with pet boarding services; it's basically a tiger kidnapping (taking a loved one hostage to force you to do something), except here it's a pet. I dug around on LexisNexis through the Kentucky statutes and found the relevant extortion provision. It doesn't seem like it will give you much help, and the affirmative defense in section 2 seems to allow what they're threatening to do. I suppose you could make a RICO claim to get into federal court, but I don't see any strategic advantage to doing that.
In my opinion, your best bet would be to threaten to pursue a claim on a breach of contract theory. If you had actually agreed that the payment be received on Nov. 25th - regardless of whether this agreement was documented with a written instrument - then you have a contract. If they're threatening to breach, you have a cause of action.
Call them, tell them that you've contacted a lawyer (to put them on notice), and say that you will not pursue this further if the boarder will allow payment on Nov. 25th. If this works out, pay them as soon as possible, get your dog out of there, and give them as much bad press as you can. Good luck with everything.
KRS § 514.080 (2009)
514.080. Theft by extortion.
(1) A person is guilty of theft by extortion when he intentionally obtains property of another by threatening to:
(a) Inflict bodily injury on anyone or commit any other criminal offense; or
(b) Accuse anyone of a criminal offense; or
(c) Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute; or
(d) Use wrongfully his position as a public officer or servant or employee by performing some act within or related to his official duties, either expressed or implied, or by refusing or omitting to perform an official duty, either expressed or implied, in a manner affecting some person adversely; or
(e) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense.
(2) It is a defense to prosecution based on subsection (1)(b), (c), or (d) that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services.
(3) Theft by extortion is a Class A misdemeanor unless the value of the property obtained is:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
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