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Police Blotter General notifications about thefts, breakins or and cases where animals or materials are stolen. Photos of the merchandise taken can be posted to help with recovery. |
10-30-2014, 12:33 PM
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#1
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Need Advice On Getting A Stolen Snake Back!
Alright, so against my better judgement. I shipped my boa first in a trade for two ball pythons. She received my boa 110% healthy and then proceeded to ship the ball pythons. Well this morning I received them, and to my surprise, both DOA. Dead in the container.. I have video proof and pictures while I opened the box. She is now refusing to ship back my boa, and has come up with every excuse in the books why she can't do it. First it was "I'm unemployed, I can't afford to ship him." Next it was.. "I'm pregnant, I can't be shipping another snake." Then it was.. "He doesn't look healthy anymore, it's too risky to ship him back." Or how about.. "I'm going to hold onto him for 30 days and if he doesn't make it we're both at a loss." Just so much BS. What legal steps can I take to get the boa back? While I can report it to the police, will I need to report it to the police near me, or the ones near her? And/or what other options do I have? I would appreciate some input. This was a very devastating event for me, as I've always been honest and fair.. and all I ever asked for was that in return. Humanity is a let down sometimes..
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10-30-2014, 01:15 PM
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#2
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What city/state is this person in? Maybe you can find someone who can pick up the boa and ship it to you, though you may have to cover that cost yourself.
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10-30-2014, 01:24 PM
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#3
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It is apparent how they died? If they were healthy when shipped, there may be a different outcome than if they were shipped dead to begin with. I do not see how making a report to the police will help if some intervening event during transit caused their death.
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10-30-2014, 01:29 PM
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#4
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Quote:
Originally Posted by bcr229
What city/state is this person in? Maybe you can find someone who can pick up the boa and ship it to you, though you may have to cover that cost yourself.
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She's in Morrisville, Vermont. I was planning to get in touch with the police department there.
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10-30-2014, 01:37 PM
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#5
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Quote:
Originally Posted by Lucille
It is apparent how they died? If they were healthy when shipped, there may be a different outcome than if they were shipped dead to begin with. I do not see how making a report to the police will help if some intervening event during transit caused their death.
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I don't know how they died, she does not have any video or picture proof of them being boxed alive. As to their death, I could not say what killed them. Their bodies appear to be in tact, but they are both intertwined together and just well, dead. The container did smell rather bad.
The principle of the matter is she is not willing to even ship my boa back to me, whether the bp's were alive or dead on her end (I couldn't say if they were alive or not when shipped). I will be looking into my options when I call the local police department, I am assuming I will have to take her to court over the fact that she was not willing to be fair about the trade.
So right now I am gathering all the messages from her and I, that we sent. And all the other proof.
While I could just say "Oh well I lost a snake I paid over $500 for." I've been through scams before and other unfortunate reptiles related business deals. I just don't think others should have no consequences for their actions. I've tried talking to her, and working it out (Nicely I might add) but she eventually told me she's done being harassed and she is keeping the boa. So my attempts to ask her to ship him back in a respectful manner have proved futile.
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10-30-2014, 01:38 PM
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#6
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The cops will likely tell you this is a civil dispute.
Are you having a necropsy done on the ones that were sent to you, or is the COD obvious, such as improper packaging/shipping, wrong type or no heat pack used, etc?
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10-30-2014, 01:45 PM
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#7
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If the critters were alive when shipped this is a civil matter, not a criminal one. You can sue her, but the snake you sent is not 'stolen'. It is as if you bought a teacup set on Ebay and the teacups arrived broken. It is easier on Ebay because there are agreements when something arrives 'not as described', did you have any agreement with her prior to shipping, if something went wrong?
Uniform Commercial Code › U.C.C. - ARTICLE 2 - SALES (2002) › PART 5. PERFORMANCE › § 2-509. Risk of Loss in the Absence of Breach.
§ 2-509. Risk of Loss in the Absence of Breach.
(1) Where the contract requires or authorizes the seller to ship the goodsby carrier
(a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (Section 2-505); but
(b) if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer
(a) on his receipt of a negotiable document of title covering the goods; or
(b) on acknowledgment by the bailee of the buyer's right to possession of the goods; or
(c) after his receipt of a non-negotiable document of title or other written direction to deliver, as provided in subsection (4)(b) of Section 2-503.
(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this Article on sale on approval (Section 2-327) and on effect of breach on risk of loss (Section 2-510).
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10-30-2014, 01:51 PM
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#8
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This is civil, not criminal, unless a necro on the dead BP's shows they were dead prior to shipping. It's up to you if you want to spend that money.
Otherwise small claims court awaits, but good luck collecting even if you do win.
Frankly I wouldn't trust her to ship your boa back safely.
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10-30-2014, 01:57 PM
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#9
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Quote:
Originally Posted by bcr229
This is civil, not criminal, unless a necro on the dead BP's shows they were dead prior to shipping. It's up to you if you want to spend that money.
Otherwise small claims court awaits, but good luck collecting even if you do win.
Frankly I wouldn't trust her to ship your boa back safely.
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I don't think i'd completely trust her to ship him back either, and while I know this will be a long drawn out mess of civil matters, I don't like the thought of people being dishonest in any line of business. As I told her, if my boa was DOA, due to shipping or any other reason, I would of gladly covered shipping and had her bp's back to her within the week because that is how I operate. So to me it's worth the trouble to make an example here if at all possible.
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10-30-2014, 02:12 PM
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#10
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You may have to go to Vermont to sue, and all you can get is money damages, the return of the snake itself cannot be compelled in Small Claims.
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