Answers:
Answered 6 years ago | Contributor
1) File a police report against her for harassment and cyberstalking, possibly even extortion (making threats to make you give her money)–making threats or taking actions to intimidate, scare, etc. you are not legal. 2) If you did not provide a puppy warranty or guaranty, youd only potentially be liable if you did know of the illness but misrepresented (lied about) it, since that could constitute fraud. If she were to sue you (and unfortunately, you cant keep her from filing a lawsuit if she is determined to; the courts do not “prescreen” lawsuits to see if they are valid), to win, she would need to prove in court by a “preponderance of the evidence” (that it is “more likely than not”) that you knew, or logically *must* have known, of the illness, which may be very difficult for her.
In states with such a law, if a companion animal is discovered to be unhealthy within a given period of time — the length varies from state to state — the consumer can demand a refund or exchange from the seller. These laws can apply if the animal is sick, or has a hereditary condition, or if other misrepresentations are made, such as about the animal’s sex or breed.
Other Remedies: The seller of a “defective” companion animal may be liable for breach of contract or for violating the state’s Uniform Commercial Code — a state law that governs commercial transactions.
Puppy Lemon Laws: Many states have enacted consumer protection laws that apply specifically to companion animals. These laws are called “puppy lemon laws” or “pet purchase protection laws.”
This tragic story is all too common: Someone purchases a puppy from a breeder or pet store, only to discover their new furry family member is very sick, oftentimes fatally. If this happens to you, your heart will not mend easily. But you may have some legal recourse against the breeder or pet store.
The laws go by various names in different states—sometimes they’re called the “Consumer Sales Act,” for example, or the “Deceptive Consumer Sales Act.” Check out the National Consumer Law Center for more information.
What are the steps to suing a dog breeder in small claims court
We have outlined each one of these steps in detail.
Consider filing a complaint against a dog breeder before suing in small claims.
Once the lawsuit is filed, the small claims hearing will be scheduled 30-70 days later.
What can I do if a breeder sold me a sick puppy?
Dogs offer companionship, emotional support and so much more, no wonder families that bring home a dog fall in love instantly! Unfortunately, dog breeders sometimes sell sick or injured dogs to unassuming purchasers. If you have had an unpleasant experience with a dog breeder, you may want to file a complaint against the breeder or bring a small claims lawsuit. Learn about the small claims process, reasons to sue a dog breeder, and more in this article.