Ty park/ ty lizards FL

Originally Posted by The Hairy Whale

Were you required to purchase them as part of their conditions? From what I understand if they are responsible for running the auction, as a non-profit, and you are required to donate/buy to enter to win, they broke that section of the law as well as not giving the prize.

the raffle terms

Sorry about that he sideways pics I can't figure out how to rotate them on my phone sorry

Ah okay, so you definitely had to pay $100 for each chance at the raffle. And it also appears to be sponsored/co-sponsored by the IRCF. I would definitely mention that statute if you haven't already. Seems like a gray area because the IRCF doesn't explicitly state that you had to donate, only Ty did from what I can tell. Their connection to Ty and the raffle still might hold them accountable as well since they were involved with him.

Originally Posted by The Hairy Whale

Ah okay, so you definitely had to pay $100 for each chance at the raffle. And it also appears to be sponsored/co-sponsored by the IRCF. I would definitely mention that statute if you haven't already. Seems like a gray area because the IRCF doesn't explicitly state that you had to donate, only Ty did from what I can tell. Their connection to Ty and the raffle still might hold them accountable as well since they were involved with him.

All payments were made directly to the IRCF and the IRCF drew the winning tickets

The IRCF was sent a demand letter last month and they did NOT reply.

Seems as though it's a second degree misdemeanor, which is only a $500 fine. Other than it appears they may have no other accountability. Your case against Ty seems very strong. I don't see any reason why you would lose it. However I don't see them doing anything with the IRCF other than charging the with the second degree misdemeanor, still a win anyhow.

Also to add, if I remember correctly, you might be able to file criminal charges, not just civil. I'd talk to your lawyer if he hasn't advised you about that already. But from what I remember interstate commerce grants jurisdiction for states to arrest people in other states. Him keeping the tegu could be seen as theft and that would allow for your state to arrest him if he has stepped foot or done business transactions in your state. I'm probably wrong though, I didn't pay too much attention to my business law professor. I do know it's easier for the plantiffs to win in civil than in criminal so it might be best to stick to that.

Originally Posted by The Hairy Whale

Seems as though it's a second degree misdemeanor, which is only a $500 fine. Other than it appears they may have no other accountability. Your case against Ty seems very strong. I don't see any reason why you would lose it. However I don't see them doing anything with the IRCF other than charging the with the second degree misdemeanor, still a win anyhow.

The thing is NOone will be a "winner" no matter who "wins" now because of the amount of legal fees it's going to cost everyone and the potential other repercussions and or penalties that could result in this.

I would be happy with the t + lizard and move on but I am being sued for telling the truth and if it goes to court I will be filing a hefty counterclaim and naming both parties.

in FL There what's called FDUTPA (Florida deceptive and unfair trade practice act) FL 501.203 and
Also laws like FL 768.295 in place as well for situations like this

Originally Posted by The Hairy Whale

Also to add, if I remember correctly, you might be able to file criminal charges, not just civil. I'd talk to your lawyer if he hasn't advised you about that already. But from what I remember interstate commerce grants jurisdiction for states to arrest people in other states. Him keeping the tegu could be seen as theft and that would allow for your state to arrest him if he has stepped foot or done business transactions in your state. I'm probably wrong though, I didn't pay too much battention to my business law professor. I do know it's easier for the plantiffs to win in civil than in criminal so it might be best to stick to that.

"Him keeping the tegu could be seen as theft"

He has stated he has auditioned off "my tegu" raising another over$5,000.

Hypothetically
If someone doesn't have the persons prize it could be perceived as fraud

Yea he dug himself a pretty deep hole. Him auctioning your tegu is actually larceny. Like I said earlier your case against him is very strong. You should have no problem collecting damages. His libel suit doesn't really hold merit. I could also see the court awarding you damages to compensate your expenses, although I do believe civil courts have a cap.

My bad, it's not theft, since it wasn't technically in your possession. You're definitely entitled to either the tegu or fair market value of said tegu, the IRCF is responsible for breaking the aforementioned statute. Obviously you cant get that exact tegu that was rightfully yours but one similar should suffice?
I don't want to discourage you, but have you tried offering an ADR method to Ty and the IRCF? It wont be as hefty as court and arbitration is still legally binding. The only issue is that arbitration cannot force them to award you, you may still have to go to court to get that enforced, which typically happens.

My prediction: Ty seriously underestimated how much reptile people HATE cheats and bullies. He refused to award her the prize she won and he figured he could get away with it and no one would ever know. He is just digging himself in deeper and deeper with his inexplicable decisions to not fix this and just do the right thing.

So my prediction is, he will do everything he can to jerk Michelle around to make her think she can't go up against him, but in the end there is no way he can support his actions in front of a judge in court. He may well decide at some point to settle with Michelle, with the stipulation that he did nothing wrong and Michelle is not allowed to discuss the outcome.

So keep fighting, Michelle!! Ty cannot hide from his dishonesty and his stealing your prize from you.