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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
08-02-2004, 01:11 AM
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#41
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Just curious,
correct me if I am wrong, but didn't Chris say that this pastel's mother weighs 1500 grams now, but 3 years ago laid 11 eggs?
How much did she weigh then? My females would always gain 500-600 grams per year at least.
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08-02-2004, 10:48 AM
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#42
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civil case
I've never tried to sue anybody, but I doubt it is worth an attorney's time to work this $2,500 interstate case. If so inclined, I would more likely pursue justice through at least 2 appropriate federal authorities. Based upon the stated terms on the Paypal receipt and his acceptance, breach of contract and fraud seem fairly evident here. The interstate factor suggests Interstate Commerce Commission and whatever branch of FBI dedicated to interstate fraud would be good starting points. There are more suggestions on KS classifieds links as well. Restitution can be a mandate of a criminal case. I really haven't had time to look into it yet, just talking off the top of my head. It would certainly be a learning experience if nothing else if I do go that route. Injustice should be met with justice... He still hasn't replied to any e-mails since his 2nd refusal to refund on 7/27. Yesterday evening I e-mailed his partner SNReptiles in case Skip Nelson is not aware of this situation. I would appreciate any suggestions on how I could post the movie clips I took the morning before I fed the snake(about 3meg each) or where I could post them and provide a link, it might help those who wish to make their own diagnosis of the snake's condition. These clips are one important part of our e-mail exchanges that have not been shared publicly. Thanks.
Paul
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08-02-2004, 11:35 AM
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#43
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Paul, the FBI internet fraud task force is what you are looking for and you do not need an attorney. You can file in small claims court in his home state. You can get the forms off the net, print them out and either file via certified mail or hire a legal services company/process service company in his area to file for you. It will cost $12-25 to file the papers with the court and $15-30 to pay the legal services company. You would have to go to court in his state just the one time. At that court date you would either win or if he chose not to show up you would get a default judgement. Either way, once you get that one day in court out of the way the rest can be handled from your home. I think it is worth the cost to you.
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08-02-2004, 12:41 PM
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#44
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Thanks Evan
I wonder if I would have to bring the snake with me and if I could be reimbursed travel and veterinary expenses? Then there would be the matter of actually collecting from this guy. The only reason I can imagine for someone to do this is would be serious financial need. OK, maybe some people would send out an emaciated snake to try to unload it before it dies, but to sell a male as a female? Females are worth twice what males are. He did sex him by "popping" and the most common honest mistake there is failure of a male to evert and to be mistaken as female. Based on everything that has transpired, I have a hard time accepting improper sexing as an honest mistake. Somebody mentioned sending a replacement. That would be appreciated, but not necessarily completely fair. Pastels are price-graded on color/pattern appearance and this lemon pastel is absolutely stunning in that respect. I should post a few more pictures. The ones I sent to Mr. DeLay and posted were with the intent of showing its condition, not its beauty. It is unlikely, though not impossible, such an animal is available to him.
Paul
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08-02-2004, 06:39 PM
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#45
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I asked earlier in the thread but no one answered. Has the seller been notified of this threads existance? Paul, has he made any attempt to contact you since it's inception?
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08-02-2004, 06:47 PM
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#46
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John
Im not aware if the seller is aware of the thread or not, but he is aware of the situation.
From what I read in the last post by paul, the seller has discontinued contact alltoghether since the 17th of july.
Mickey Hinkle
The Lizard King Reptiles
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08-02-2004, 07:15 PM
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#47
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Thanks Mickey I missed that
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08-02-2004, 08:00 PM
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#48
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Paul, you can claim your travel and filing/court expenses as well. You would want to have all of the documentation from Dr. Funk, signed by him and notorized so that you could present it in court.
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08-02-2004, 08:04 PM
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#49
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Chris was on this site 20 mins ago, so I think he is aware. Strange that he won't even post in his defense, but then again, I don't think there is much to defend. A refund is due, NOW!
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08-02-2004, 08:06 PM
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#50
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The worst part about this, is that it's the animal who suffers the most as a direct result of this situation.
The guy has no business breeding if THIS is how he cares for his animals. End of story. The animal was shipped out already emaciated, the stress of the shipping further aggravated it. (in my opinion)
I know the look of an emaciated BP. I have one that I recieved as emaciated. BUT!! And this is the BIG thing, right here!! I KNEW WHEN I PAID FOR IT, that it was that thin.. I could SEE the animal, and KNEW how sick it was! And I paid a grand total of $20, too, because the store I got the animal from just wanted to get rid of it, and I KNEW what I was walking into when I bought it. That was my choice.
The buyer here did not know that ahead of time. And if I had just spent $2500 on an animal that I assumed would be a normal, healthy, ball python baby girl, well... the buyer here has been a LOT more civil than I would have been.
The animal suffers the most, for a man's simple greed.
This "farmer" should be absolutely ASHAMED of himself.
Breeder : Someone who breeds, for sale, animals, with the love and passion of a person who truly enjoys it.
Farmer: Someone who breeds these animals for the almighty buck. Stellar Constrictors is a Farmer.
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