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Bad Guy Nicole Norton/Howlinn gale dragons,Bad guy very bad guy.

LauraB said:
:iagree:

Your aunt, the attorney drew up that contract? Sure, she did.
You might want to have her correct the spelling & punctuation errors, and maybe throw in a couple nice big words of legalese to give it a little more uh ... lawyerly appearance.
Click to expand...

Yeah, I agree. Please post your aunt's name and the state in which she is licensed for confirmation that she is an attorney.
There is a lot of misinformation floating around having to do with contracts, I suggest that no one get too comfortable with legal theories posted by those who have a dog in the fight. Most lawyers will, by the way, tell their clients to be quiet and never post or talk in public about the subjects of possible litigation.
 
Actually, any agreement that is signed by both interested parties is legally binding. Witnesses nor notaries are needed for that. Where witnesses and or notaries become essential is in a contract dispute where one party or another denies executing the contract. Without one or the other, any contract can become a "he said she said" situation. Witnesses are usually sufficient in a civil matter. Notaries are even more reliable in a court situation. Not sure where the Sate Seal stuff fits in. I have been involved with hundreds of executed contracts from various states over the last twenty years and that one is new.

In essence, a contract written in crayon on a cocktail napkin without benefit of either witnesses or notaries is 100% binding as long as both parties acknowledge they executed it.

Before anyone asks...I am not an attorney but I deal with contracts daily in my line of work
 
AndreaH said:
I am almost positive that I will be getting bad Karma once again from Ed, but ya know what I DON'T care because Ed you do NOT scare me.
Click to expand...

I didn't see anything in your previous post in this thread that warranted bad karma, with any stretch of the imagination. Maybe, I'm missing it?
However, I would think post #99 might be due some (at least from me) if were going start throwing it around. Considering, the purpose of that function is really for the more outrageously bad destructive posts. Not just a difference in opinion.

Anyway, I think this is a train wreck of a thread for the both parties involved.
Personally, I'm glad we allow people all the rope they are willing to take. We just need a darn big tree in this case.
 
Incidentally, the wording in a contract is extremely important. All terms and conditions need to be spelled out plainly and without ambiguity. If an attorney drafted that mish-mash of confusion Nicole posted, she needs to be dis-barred
 
Ed Clark said:
Just read a few posts in that thread.

I sold him 2 frogs a couple weeks after he sold you a BD.thats the extent of my deals with Zach.
Click to expand...

I wrote most of that thread! Maybe you should have read it before you sold him any animals!!! Or do you care what happens to them?



Jessica
 
Dennis Hultman said:
I didn't see anything in your previous post in this thread that warranted bad karma, with any stretch of the imagination. Maybe, I'm missing it?
However, I would think post #99 might be due some (at least from me) if were going start throwing it around. Considering, the purpose of that function is really for the more outrageously bad destructive posts. Not just a difference in opinion.

Anyway, I think this is a train wreck of a thread for the both parties involved.
Personally, I'm glad we allow people all the rope they are willing to take. We just need a darn big tree in this case.
Click to expand...

In regards to the karma, the return negative karma is the problem. If you leave it for Ed, nothing is stopping him from leaving it for you. Am I right in thats what can happen? I've never dished out negative karma but I have received it for no reason from ED CLARK.
 
John I am not a lawyer, but my husband and I were told that by our lawyer. It might just be to represent which state that the contract was notarized in or something to that nature here in Indiana. We paid $3,600 for his services, so no offense, I was definitely listening to every word the man said. In our case it was a custody battle, so that also might be why.
Dennis the last time I had difference in opinion with Ed he sent me negative Karma. You are more then welcome to check it on my User CP if you would like. I also agree on #99. That was uncalled for by Ed. It was very mean and spiteful and rude. That has nothing to do with why this thread is here and should have been kept private or at least privately said.
 
Where witnesses and or notaries become essential is in a contract dispute where one party or another denies executing the contract. Without one or the other, any contract can become a "he said she said" situation ...
In essence, a contract written in crayon on a cocktail napkin without benefit of either witnesses or notaries is 100% binding as long as both parties acknowledge they executed it.
Click to expand...

I totally agree, John. However, in this particular case, consider the parties. It is absolutely nothing more than 'he said, she said" and lots of twisting, turning, lying, evading and conniving in between.
Frankly, I don't think it impossible that even if both parties actually do sign, monies are paid, dragons are transferred and would there later be a problem, whether real or contrived, that one party or the other is above claiming they did not sign the agreement. Perhaps notarizing is the best option in this case.
Sorry, but that is my honest opinion.
 
chris allen said:
In regards to the karma, the return negative karma is the problem.
Click to expand...

But there are thousands of us and only two of him and her. If we each have the courage to get bopped once or twice, if we all work together we can show as a group how we feel because they would receive a thousand karma hits, one from each of us, and we would only receive one each.

I agree with a comment made earlier that negative karma should be used for egregious posts and not for mild disagreement.
 
lucille said:
Yeah, I agree. Please post your aunt's name and the state in which she is licensed for confirmation that she is an attorney.
There is a lot of misinformation floating around having to do with contracts, I suggest that no one get too comfortable with legal theories posted by those who have a dog in the fight. Most lawyers will, by the way, tell their clients to be quiet and never post or talk in public about the subjects of possible litigation.
Click to expand...


:iagree:

The reason I wanted to know who your attorney was, because I think he gave you wrong advice. I am NOT an attorney,never claimed to be, like some folks on here,:rofl: but know a little about a binding contract, and it does NOT have to be notarized by a Notary Public STAMP to be a legal binding document. Your Attorney/Judge/used Car salesman,/etc. gave you wrong advice.

Randal Berry
 
chris allen said:
In regards to the karma, the return negative karma is the problem. If you leave it for Ed, nothing is stopping him from leaving it for you. Am I right in thats what can happen? I've never dished out negative karma but I have received it for no reason from ED CLARK.
Click to expand...

Better suited for a general discussion on Karma in the feedback section or by private message.
 
Your Attorney/Judge/used Car salesman,/etc. gave you wrong advice. Randal Berry
LOL No offense, but I think my attorney/judge/used Car salesman,/etc. probably knows more about the law then the both of us. I think I will stick to what he said, just in case. LOL
 
Negative Karma is not for hitting people with just because you don't like them I haven't given any Negative Karma out in a long time someone has to really say something awful and rude such as Ed's comment about STD's (which is false) Ed twisted what I told him around I told him my doctor is worried that I have the starts of Cervical Cancer it is Genetic and runs in my family I do not like to talk about it but I won't have everyone thinking I have an STD.

My aunt TOLD me what to write she told me to take what she said and put it in my own words. What I am asking Ed to do with the contract is for my own protection I have had calls from people today telling me make sure I protect myself because they Guarantee Ed will try to say the dragon is sick or dead or never got it. I will also Require a Signature on the package along with taking pictures of him being packed along with weight to protect myself against him. Why should I put myself at any risk with someone like Ed Clark it was be pure stupidity on my part if I did not request this I re did the Contract and Emailed it to Ed here is a copy for all of you. Everyone sais it dose not need Notarized so I won't request it but I will make sure it is posted on the BOI once I get the signed contract back from him so everyone knows it was signed if he tries anything he will hang himself here.

I am well within my rights to ask this he has until Tomorrow night to sign and return if I do not get it by then Prince will NOT ship Wednesday as I have to have all labels printed the day prior with pick up requests. I do not drop dragons off at the UPS Store near me because the one time I did they handled the box roughly and I do not want any of my dragons hurt or traumatized due to them.

I __________________________ Agree Upon Arrival of a male bearded dragon by the name of Prince (Yellow It LB) Will Cease all further slandering and harassing of Nicole Norton. Nicole Norton is in no way responsible for anything that may occur to Prince while in shipment; further more any future health or breeding problems are Ed Clarks problem and in no way can be the Sellers Problem. Furthermore Ed Clark agrees to never contact Nicole Norton again for any reason what so ever any attempts of any form will be seen as Violation of this contract and will be Prosecuted to the full extent of the Law.

Upon Signing this contract Ed Clark's Payment will be accepted the sum of $150.00 Covers Medical, Board, and Shipping.


________________________________________
(Signature Required)
ED CLARK

DATE: ________________________
Click to expand...


I am trying to upload the pictures of my set up onto PhotoBucket right now but my Dial up is being evil.
 
AndreaH said:
Alright this is enough! Nicole you don't want to be screwed over by Ed by saying that Prince is sick if he is returned THEN TAKE HIM TO A VET and keep a copy for yourself and ship one to ED!
Ed you have to have the states seal on the contract in order for it to be valid with a neutral party to verify and the notaries signature otherwise IT IS JUST A PIECE OF PAPER! Don't believe me, then go see your lawyer you keep harping that your gonna see! That was told to me by MY LAWYER AND JUDGE in Indiana.
And another thing ED is apologize to Tom because you were trying to ruin his name in your BG thread.
Nicole for pete sakes put a restraining order on him if he is harassing you that bad or a no contact order. Even a gag order will work, but do something other then this bs here on Fauna. You want you slate wiped clean, then stop replying to Ed. If he keeps Medussa because she was a gift, OH FREAKIN WELL! You will have more, but this really needs to stop right now!
I am almost positive that I will be getting bad Karma once again from Ed, but ya know what I DON'T care because Ed you do NOT scare me.
Click to expand...

HowlinGaleDragons said:
Negative Karma is not for hitting people with just because you don't like them I haven't given any Negative Karma out in a long time someone has to really say something awful and rude such as Ed's comment about STD's (which is false) Ed twisted what I told him around I told him my doctor is worried that I have the starts of Cervical Cancer it is Genetic and runs in my family I do not like to talk about it but I won't have everyone thinking I have an STD.

My aunt TOLD me what to write she told me to take what she said and put it in my own words. What I am asking Ed to do with the contract is for my own protection I have had calls from people today telling me make sure I protect myself because they Guarantee Ed will try to say the dragon is sick or dead or never got it. I will also Require a Signature on the package along with taking pictures of him being packed along with weight to protect myself against him. Why should I put myself at any risk with someone like Ed Clark it was be pure stupidity on my part if I did not request this I re did the Contract and Emailed it to Ed here is a copy for all of you. Everyone sais it dose not need Notarized so I won't request it but I will make sure it is posted on the BOI once I get the signed contract back from him so everyone knows it was signed if he tries anything he will hang himself here.

I am well within my rights to ask this he has until Tomorrow night to sign and return if I do not get it by then Prince will NOT ship Wednesday as I have to have all labels printed the day prior with pick up requests. I do not drop dragons off at the UPS Store near me because the one time I did they handled the box roughly and I do not want any of my dragons hurt or traumatized due to them.




I am trying to upload the pictures of my set up onto PhotoBucket right now but my Dial up is being evil.
Click to expand...


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