Legal Question in Consumer Law in Pennsylvania

Person stopped payment after receiving goods

Hello, I sold a kitten to a lady with out papers as apet. She ''in all her wisdom'' feels pedigreed cats don't have six toes, called polydactyl. Common in this breed of cat. So she demanded pedigrees after paying with a check and taking the kitten. Then emailed me and said she would stop payment if I did not send her copies of the pedigrees. This is not done with pets because that can be used to register the kitten with certain registries and be bred. She emailed me and said she is stopping payment. she paid 300, breeders are 1000. I offered to take the cat back, she refused. Do I have a legal case? What do I do?


Asked on 2/03/04, 8:49 pm

1 Answer from Attorneys

Re: Person stopped payment after receiving goods

Did you represent that the cat was a purebred? Did you promise her a cat with papers? Did you put the agreement in writing or on the reciept? If you do not have an agreement or detailed reciept, take a stick and beat yourself, then go forth and be foolish/stupid no more!!!

1) A cat with papers costs more than a cat without papers.

2) If you gave her what you promised to give her, she cannot stop payment. If she does, you sue her in small claims court.

3) If you chose to take back the kitten because she is unsatisfied, or you did not deliver what you promised, that is your choice. However, she CANNOT not pay you and keep the kitten. If she does, you sue her in small claims.

Tell her you will take back the cat and return the check/money is you wish, but you have to put it in writing!!! Put your offer in writing, and send it regular and return reciept mail. This way you will have the proofs you need IF you have to go to court.

Good luck.

Kevin J. Begley

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Answered on 2/03/04, 11:14 pm


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