Legal Question in Civil Litigation in Missouri

Dear Sir,

I have a very hard question to answer. In August I had gallbladder surgery,I also owned 2 capuchin monkeys. I had a teenage girl watch them both for several days after I had the surgery. My first capuchin I had gotten a year ago and raised her from the time she was just a couple of weeks old. The second capuchin was an infant that I had just gotten in june.

After a few days the girl brought them back to me and I paid her for sitting for them. Soon after that I began getting a pain in my side and so I took the pain pills the doctor had given me. I began to fall asleep sometimes for as long as 12 to 24 hours. I would wake up in a panic as both babies needed bottles and diaper changes, and I was horrified as I could not imagine my two baby girls having to go that long with out food or diaper change.

I was very groggy and disoriented as well as uncertain what to do, The girl that watched them both for me was back in school, but I thought maybe she could agree to taking my katie as she was a year old. I called her and asked her to bring her mother when they got there they had to come into my bedroom as I was still unable to get around and was also disoriented, I also lived alone so was very worried about my babies.I was terribly upset and tried to explain to them that I wasn't sure what was happening as I have never had anything like it in the past. So, I asked her if she would be willing to take my katie and her cage and toys as I did not know what was happening to me. She said she would and would pay 400.00 for the cage and we made a verbal agreement that I would be allowed to see katie as much as I wanted if and when I got better. About 3wks later the pain I had been having stopped so I did'nt take the medicine anymore.That's when I discovered that the medicine was making me sleep so long and makeing me very disoriented. I have since tried to see Katie several times, and they are always so busy and gone alot. I did catch her at home once and the minute katie saw me she screamed and came running to me and curled up in my arms.I have not been able to see her since then.

So, I would like to know if since I was so disoriented and groggy from the medicine and they have not paid for the cage or even tried to let me visit with Katie, is there any possibility that I could get her back through the courts?

Just in case your wondering my baby chloe who was only 4mo.old at the time, I called the people I bought her from and asked if they might be able to sell her if I did'nt get better pretty soon, and since she was still so young I knew they would be able to sell her for what I paid for her. It was only about a week after that, that I became aware of the fact that it had to have been the medicine that was prescribed to me that made all that happened. So I happily drove to the house where my youngest was with the people who sold her to me for 6500.00 and told them that I was much better and my son had moved in with me to help if I needed it since he was in college but would be there every day. I also told them that I was very happy that I was not going to have to sell her as I was doing fine now. That's when all things went crazy! the woman that sold chloe to me said no, you can't have her, my daughter likes her. Why don't you go get katie back from Jessica? I could tell immediately that she was jealous, and I said I thought that would be very hard right now since I had found out from her husband that jessica had to have emergency surgery.So, not only did I not know where Katie was or who was taking care of her. She still said no, you can't have her. I burst into tears in sorrow and disbelief as well as thinking have you lost your mind, I've already paid for her and had her for several months, she wouldn't let me out of the house with her. So, I left bawling my eyes out and went straight home to call the police and asked them if they would send and officer over as I had my sales reciept and they wouldn't give her to me so I wanted an officer to go with me and make them give her to me. The person on the phone said hold on a minute and when she came back she said no that's a civil matter. She failed to tell me that they live in the sheriffs district or all this would have been over long ago. So, thats what happens to widows who live alone, I guess we are assumed to be targets who have no help, and what does it matter to the police or sheriff if I've been ripped off for 14000.00 which is the total of what they both cost me. I do have an attorney for the people who sold chloe to me. So, I'm wondering if there is any way possible for me to be able to collect my katie and her cages and belongings, since that only took place under heavy medication and there was nothing put in writing. I would even be willing to buy her back, but since they work for the people I bought chloe from. I can't seem to even get a return call, much less a chance to see her. I would very much appreciate any and all thoughts you have on this matter and of course any way in which you might suggest would be the best or only way of getting katie back if there is one. Thank you,

Rebecca


Asked on 11/19/09, 12:35 am

1 Answer from Attorneys

Anthony Smith LawSmith

This does seem to be a civil matter. You will likely have to sue (or atleast have an attonrey wirte a letter demanding payment or return of Katie) to be able to get yoru pet back. This is an unusual case, and may be of interest to some of the TV Judge shows. You might consider contancting one, to see if they are willoing to underwrite your litigation expenses.

Good luck

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Answered on 11/24/09, 3:09 pm


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