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Dave Derrick of East TN Reptiles Lawsuit results!

dave is a nurse, or nurse practitioner, I don't remember which.

As such he should know the ins and outs, differing lengths of stays for various ills that may or may not affect any given person.

I've stayed out of this by request but it seems to me that even if he was knocking on deaths door, someone must have been getting his mail and taking care of his animals. I heard no mention of his power being turned off, or his phone not working so his stay couldn't have been that long.

It may well have NOT been one of his priorities to get back to Steve and Rose, or the court for that matter, but that is aboslutely irrelevant. Notice was recieved, unless he was living in a vacuum, and he didn't request a continuance or show up.

While I certainly do hope this gets taken care of, I still stand by my only other post in this thread.
 
Sasheena said:
Since the two stories don't seem to mesh, I think we need all email exchanges posted, with full headers, in the order exchanged so that a more clear picture can be seen.
Click to expand...

I don't think that is necessary in the least in this instance. We are not here to act as judge and jury in this thread/transaction because it has already run it's course and an end result has been acquired. Judge said Seller loses - buyer wins.

Like Wes said it doesn't matter what the excuses are from the seller now. It's over. "I wasn't able to be there" doesn't cut it legally. They tell you ahead of time about things going on and if you have a problem with it you should let them know. They tell you afterwards that you lost and if you have a problem with that then you should let them know.

Seller didn't... therefore trying to go back and analyze the entire transaction is a moot point. He lost.

Hospitalized or not Seller's response that the sale was for $800 for three animals has already been refuted by the posting of the receipts for nearly $2,000. Additionally Seller's statement that one party purchased and the other party sued has been refuted with those receipts. At this point Seller is on the losing end of a credibility issue. For these reasons, while Sasheena's scenario could potentially be feasible I'm not putting much stock in the likelihood.
 
I've Had Mixed Emotions

about whether or not Dave was interested in discussing this but I see he's to preoccupied posting at the Ksnake Boa Forum to respond here. I guess that pretty much tells me where his priorities lie and sums it up for me. Anyone that has been made aware of this thread and chooses to ignore it....well you don't need to be a rocket scientist to draw a conclusion. To bad Dave. I'm sorry to say I think you're digging your own grave a lot earlier than the 5-10 years you've been given.
 
I just wanted to bring this thread to everyone’s attention seeming as Mr. Derrick just recently popped up on KS and has not paid his legal debt to us. He will be trying to sell off some Hypo babies within a month or so and I wanted to make sure people understood that this gentleman has an outstanding debt owed to us which is enforced by federal courts and he should not have the right to sell animals until his debt is paid.

Just looking out for everyone else’s interest. Please research this man before purchasing any of his animals! He is posting under Hogboa here on fauna. Just beware!

Sincerely,
Rose Hipskind
 
One way you would get paid is if he tries to refinance or sell his home. The judgement is now on his credit report and anything he tries to do with his home would result in the judgement being paid. ( I work in Mortgages and have seen this happen to many people, they are often very upset as they were trying to avoid paying a judgement but at Settlement (selling, buying, or refi-ing) the check is cut to satisfy the judgement first....) Good luck getting your money back.
 
Is There a LIen?

doesn't a lien have to be placed on his home? I won a small claims court case for a couple hundred bucks and got $25 payments for a few months and then nothing. I went back to court and filed the appropriate paperwork and never heard squat. I know mechanics liens and other types can be placed on a homestead and must be paid before refinancing or sale but I'm not sure about this particular case. As long as the bank has the first lien isn't that their main and only concern?
 
It also depends on the Lender. This "judgement" shows up under the public records section of the credit report. Most Lenders ( I think all, but could be mistaken) require anything there to be paid off first, regardless if it is a mechanic's lien or not, especially conforming Lenders (your normal good credit mortgage) Things like Credit Card collections and medical collections are different though. Many non-conforming Lenders (problem credit, self employed) will overlook medical bills and credit card collections and charge offs but I have yet to see one overlook any judgement. It could be different in different states.
 
srsnakes said:
he should not have the right to sell animals until his debt is paid.
Click to expand...
Rose, this is perhaps a Catch-22 as you are presenting it. He can't sell an animal until he pays you and he can't (perhaps) pay you until he sells some animals. I'm not saying that is his intention but I suggest you have your attorney contact the court and apprise them of the situation.
 
Another Possibility

Maybe Dave could send you a few of his hypos if worse comes to worse. Something is better than nothing. Of course he'd have to be willing to cooperate in order to do so.
 
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