We sold 4 registered breeding stock animals, 1 bull and 3 heifers. They were delivered in April (2) and Sept (2) in 2018. We allowed the new owner to make payments. We asked that they be paid in full by Jan 1 , 2019 by text messages and emails. He made payments up to and in Dec, but still owes $2000.00. He maintained that we never gave him written terms of payment, but we have text messages in which he agreed to send payments and didn't. He asked for the terms for the final payment in Dec 2018. I sent them and asked for the final payment by Jan 3, 2019. We have heard nothing or seen any payments. There was no written terms on the invoice nor did we ask for interest on any past due amount. He trying saying in Dec one of the heifers is not of high quality and asked for $300.00 discount for hiis trouble and keeping her, which we agreed to if the payment was made by jan 3, 2019. We have text messages from him when the cattle arrrived saying how great they looked. We have pictures of the hiefer and weight when she was sold. She comes from national show winning stock.
What can we do ? We live in Illinois and the heifer is in Utah. Can we have the heifer picked up and returned to us? The heifer was sold for $2500.00 he has paid $500.00 on the heifer, still owes $2000.00. Do we have to return the money? If so when ? He wants it when she is picked up plus he wants $300.00 for all his trouble? We said we would not return the money until we have the heifer back on our farm. Can we deduct the cost of having her returned, vet bills to have her health checked when we get her? Could we take him to court and have his wages garnished to get payment or make him pay for her. If we take the heifer back and she is not healthy or ruined as a breding animal by his care can we do anything?
1 Answer from Attorneys
The answer to your questions should be found in your email messages. All of these questions should have been addressed in a written contract--not by email messages. Going forward, you should have a written contract that you use when selling. If you need a lawyer to draft a contract, call me at 312-372-5600.