Damian Salgado DBA D&M Breeders - Not Paying His Bill

I Shawn Morelan former owner of SouthernBoids.com produced 23 Sunset and Het Sunset Boas in 2008.

Damian Salgado of D&M Breeders and I came to an agreed total for the entire lot of animals – at the time we agreed on $6,000 for them all. I delivered all 23 animals to Damian in Daytona and he paid $1000.00 cash and said he would have the $5,000 balance after the upcoming Chicago show. I agreed and waited to hear from him.

Chicago show came and went.. no word. I emailed Damian and he replied he was having money problems but he was able to send me a small amount to put toward the balance.

I said I would work with him but we need to keep on some sort of payment plan.

Damian then said he thinks the total he agreed on was too high as the market started falling during this time.

This is not my problem as he agreed and signed the contract but I said I would take that into consideration. His balance was $5,000… I agreed to cut it in HALF to $2500 to allow for the falling market if he continued to pay towards the ending balance of $2500.

Damian made three payments in early 09 totaling $1300.00 – things were going well at this point.

New balance - 5000 I cut in half is 2500 minus the payments of 1300 = $1200.00 IF he continues to make consistent payments towards the balance.

I continually wait and wait and then email Damian about once a month to check up.. each time I have to email multiple times to get a reply.
Moral of all emails – He replies I am OUT of money but you will get paid – continue to wait.

Things were getting tough on everyone around this time (recession) so I continued to wait thinking he would come through.

Fast Forward TWO YEARS and I am still waiting. Most of the time I email a few times and Damian eventually replies with the same story, no money please keep waiting.

This month I have emailed him 3 times and left a voice mail on his phone.. still no reply. I am tired of waiting and chasing him for what was to be paid off over two years ago. I am civil and I can help him out by taking a payment plan but when I am ignored I am left with nothing else but to post here on the BOI and start small claims court papers.

I would just ask for the animals back and sell them on my own but this was two years ago and it looks like Damian has sold or traded the animals as they are no longer listed on his site for sale.

I am essentially OUT of the Boa Business as I have sold everything – but I still want this contract paid as promised. I delivered the animals as promised and have yet to be paid. Due business with Damian at your own risk.

NOTE: If I stick with reducing the bill by HALF then Damain still owes a balance of $1200 or since he did not keep his word the actual balance before cutting it half would add up to $3700 still on the balance. If I have to take this farther then here, court, I will ask for the full amount and any additional I can possibly get for waiting and chasing him around for so long.

Thanks
Shawn Morelan
Southernboids

Here is a copy of the contract: It says 22 animals but there were actually 23.




Since this has been ongoing for over 2 years there are a ton of emails. I will not bore you with all my begging and constant rejection so I will only post the last years worth.

I have sent others in Jan and Feb of 2011 asking where he is but I have no reply.

Starting with the most current emails to which he replied:

-----Original Message-----
From: morelans <morelans@comcast.net>
To: DnM Breeders, Damian <dmbreeders@aol.com>
Sent: Fri, Nov 12, 2010 8:15 am
Subject: Going to post on the BOI

Damian... I have emailed and left messages and there is still no reply.
I will be posting on the BOI this weekend unless I hear from you first.

I will start the court papers the week after Thanksgiving as I have friends coming in that week.

I have bent over backwards trying to work this out for the past 2 years and I feel that is enough time with no communication from your end.

The ball is in your court.

Shawn

HIS REPLY
shawn fianly got my internet back up and read your e-mails .I can do the $50,00 each month mabe more at times but willhave to paypal then starting the 21 that is whean i get my unypolyment cheak hope this will work out thanks Damian


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-----Original Message-----
From: morelans@comcast.net
To: DnM Breeders, Damian <dmbreeders@aol.com>
Sent: Fri, Jul 16, 2010 7:49 am
Subject: FINAL NOTICE

Damian,

I have been out sick for the past few days but I have sent you a few emails and still have not heard back from you.

Last month you said you would send something before July.. possibly $600 which was the half amount still owed and we would have called it even or $200. I have received Neither.

The total outstanding balance is $1200.00

Really it should be $3700.00 but I was already nice enough to drop $2500.00 off the purchase price because of the market decline and your troubles etc. However if you remember that was only if you continued to pay off the balance which you have not. Again I tried and you left me with nothing.

I can not bend anymore.. I need this closed and behind me.

No more promises I need cash in my hand.

Please help me with this - I am not feeling well and I have no patience left in me at this moment.

I have held my end of the bargain.. you got the animals.. you have had the animals.. I have offered many ways out and still I am the one here holding the empty bag.

I am finished. I need word back from you by Sunday or I will go ahead with the BOI posting as well as the local small claims court papers that I filled out over a year ago. If we have to go to court I will ask for the Full $3700.00 owed as well as court costs and anything else I can get in my favor. I am sorry but this has been over 2 years.. we are both adults and I am really just sick and tired of chasing you around for payment and no replies to my many emails.

The ball is in your court.. let me know how you want me to proceed.

Please take a minute to look over the emails I have sent in regard to this matter over the years. I have been professional, courteous and even offered to deduct $2500 if you kept in touch and kept paying something towards the balance. I do not want this to be posted all over but if you leave me no choice I am not sure what else I can do other than the BOI and court.

Thanks
Shawn

HIS REPLY
Shwan I have been trying .i had the sanke rack sold and now the deal went south alot of the deals go south they start well and then go south there is no money out there .i am behing 2 months on my morgeg again first time i fell 6 months and almost lost my home now i am 2 months .i took that job with duken and that only last 10 months now i can,t even get unmployment .I am trying shawn i fell bad e-mailling you all the time i want to just seand you the money and eand this i will be speeking with customers all this week comming and today and the the weekend thay mite take some of my breeders It is all i have left of any real value i have some 09 and the 08s but can,t move them fast plece give me me some more time shwan i will fine the way to pay you i will also be saling my dm traler on crges list and any thing els i can sale on ebay i need to pay you and get my morgoge back on trak i will keep tying to sale anthing i can to make this go away and i will but i need more time.thank you Damian
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***This is when I was trying to cut the balance from $1200 to just $600 if he would pay it in the next 30 days. I was trying my best to get my money and still help him on the balance.

-----Original Message-----
From: Shawn Morelan <morelans@comcast.net>
To: dmbreeders@aol.com
Sent: Tue, Jun 29, 2010 5:40 am
Subject: Contract

Good morning Damian… We are at the end of the month… can you do the full $600 for the call it even deal or just the $200?

Thanks
Shawn Morelan
www.RockCreekVacation.com

HIS REPLY
Shwan i am hopeing to get a deposit for the snake rack by eand of week if so i mite be able to give you the $600 if not then the $200. wish me luck Damian

__________________________________________________ ____________________________

-----Original Message-----
From: morelans@comcast.net
To: DnM Breeders, Damian <dmbreeders@aol.com>
Sent: Mon, Jun 14, 2010 11:16 am
Subject: Bill

Damian.. I have emailed a few times in the past 2 weeks but you have not replied.

I need you to reply please to see where we are on this. I am getting tired of waiting and you have to be getting tired of hearing about it.

Please reply with something - I do not want to post this on the BOI and you can tell this is the case or I would have just done it a year ago. There is no reason for this to get ugly now.

Thanks
Shawn

HIS REPLY
Shwan I have been in tenness with my son tying to spen some time with him befour he got deploed to afganastan.well he got deployed and I am back. Shawn I am selling my freedom breeder rack. IF I sale it by the eand of the month I can seand you $600.00 and eand this. If not then I will seand you $200.00 by eand of month. let me know thanks Damian

__________________________________________________ ____________________________

-----Original Message-----
From: Shawn Morelan <morelans@comcast.net>
To: dmbreeders@aol.com
Sent: Wed, Apr 28, 2010 4:25 pm
Subject: Contract

Damian.. how we looking for finishing up this contract this week? Call it even for $600.00,

Thanks
Shawn Morelan
www.Southernboids.com
www.RockCreekVacation.com

HIS REPLY
shwan every day that gos by all I do is try try try i want to eand this as well as you do maybe more but times are hard just a few more days and just maybe we will see all i can do is post and seand out e-mails Damian

__________________________________________________ ____________________________

-----Original Message-----
From: Shawn Morelan <morelans@comcast.net>
To: dmbreeders@aol.com
Sent: Fri, Apr 16, 2010 5:49 pm
Subject: RE: Payment

Crazy idea.. if you can do $600 by the end of the month I will call it even. I will put that all in signed writing if you are interested.

Shawn

HIS REPLY
I will do what i can thanks Damian

__________________________________________________ ____________________________

----Original Message-----
From: morelans@comcast.net
To: DnM Breeders, Damian <dmbreeders@aol.com>
Sent: Fri, Apr 16, 2010 3:44 pm
Subject: Payment

Damian.. I am going to need a reply please.

Shawn

HIS REPLY
I am still working on it I think i will have some thing by the eand of the month i am posting as all I have and trying to wrok deals .Damian

__________________________________________________ ____________________________

-----Original Message-----
From: morelans@comcast.net
To: DnM Breeders, Damian <dmbreeders@aol.com>
Sent: Tue, Apr 6, 2010 10:55 am
Subject: April

Damian.. we are in a new month now.. can we chip away at this bill please. Balance is $1200.00. If you can send at least 200 that would be a big help plus take the balance down to an even grand.

Thanks
Shawn

HIS REPLY
I will try I am still working on this elictric bill that is killing me trying to get some kind of aid to help me but they want blood man I now know how a pour person most feel this sucks .Damian

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-----Original Message-----
From: morelans@comcast.net
To: DnM Breeders, Damian <dmbreeders@aol.com>
Sent: Thu, Mar 18, 2010 1:19 pm
Subject: Boas

Damian.. we are getting farther and farther behind.. what can we do before the end of this month?

Shawn

HIS REPLY
I don,t no yet on the 20th my house payment is due and on the 25th I got a 2,0039 elitric bill due that i have falling really behind on and they are about to cut it off top that off with water bill sewer bill and all the other shit and I have nothing but I will see what I can due being I have no real job there is a guy in florada that owes me $1,200 for a dh sunrise I sent him 3 months ago i am trying to get that and send it to you but he is not returning my calls or e-mails maybe you know him he's name is Manny frade he is the owener of LEBERTY FORECLOSURE SOLUTIONS. I will keep trying I can,t do any more but keep on trying Damian

__________________________________________________ ____________________________


-----Original Message-----
From: morelans@comcast.net
To: DnM Breeders, Damian <dmbreeders@aol.com>
Sent: Wed, Mar 3, 2010 1:56 pm
Subject: Boas

Damian.. I need a reply man.. what is going on?

Shawn

HIS REPLY
Shwan I did not forget i am working on it i can,t put a date on how money comes my way but i am working on it every day of every month man Damian

__________________________________________________ ____________________________

-----Original Message-----
From: morelans@comcast.net
To: DnM Breeders, Damian <dmbreeders@aol.com>
Sent: Wed, Jan 6, 2010 12:12 pm
Subject: Boas

Damian.. I need to hear from you please. Let me know where we are on this.

Thanks
Shawn

HIS REPLY
Shawn still working hard at trying to clear this. I will be going in for sergery on the 28th and will be bed bound for a few weeks . I am trying to clear as much of it as I can befour then I will keep you posted thank you Damian

__________________________________________________ ____________________________


And they just keep going and going back to the month this all started.

Damian – I want to settle this and get this behind us. I am not happy about posting here but you obviously have left me no choice when you stop replying.

Court papers are next and I will be asking for the full $3700.00 or more if I can.

I hope you get paid what you are owed, or go after him. Personally after reading the thread that predated your transaction (did you research him?), I would not let him have a critter unless it was paid in full and not by check either.

http://www.faunaclassifieds.com/foru...hlight=salgado

Shawn you were apparently burned once, you are supposed to learn something when you get burned:
http://www.faunaclassifieds.com/foru...light=morelans

Let's spell it out: Don't let a critter of yours go anywhere unless it is paid in full.

Lucille... for every deal gone bad I had another handful that went as planned. This was not the first deal or contract I had with Damian, just the first one he stopped paying.

I have a feeling a few other people may have been burned more than once in Boa Deals as well... when you make deals sometimes things go bad as this one did. Seeing as how I was breeding boas for the past 10 years and only had a handful of deals go bad, I thought I was doing pretty good.

Lucille... for every deal gone bad I had another handful that went as planned. This was not the first deal or contract I had with Damian, just the first one he stopped paying.

I have a feeling a few other people may have been burned more than once in Boa Deals as well... when you make deals sometimes things go bad as this one did. Seeing as how I was breeding boas for the past 10 years and only had a handful of deals go bad, I thought I was doing pretty good.

You still shouldn't give out animals before being paid. I don't care how well you "think" you know someone. Theres a couple things you don't do with friends, one of which is don't live with them and second is don't lend them money which is basically what you did since they didn't have the money to pay for it up front. Theres probably more but those two things will make the best of friends the best of enemies in a very short amount of time.

When dealing with quantities of expensive animals, it isn't exactly uncommon to have working relationships with other breeders and sellers. Sometimes deals are made when there just isn't sufficient cash on hand, or the distance presents an obstacle to just coming back tomorrow. It is a risk, and we try to mitigate that risk by being selective about to whom we offer credit. I doubt that Shawn was willing to let Damian, or anybody else, walk off with animals and a $5000 balance due without having several previous (good) transactions between them.

Sorry to that this has been dragging on so long, Shawn. Best of luck recovering your money. If Damian is serious about selling animals to get you paid off, maybe he would be willing to have the money sent directly to you. It might be a tough sell, especially with his described situation; but it would certainly show that he means what he says about wanting to get you paid.