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#65504 - 02/11/05 07:02 AM Re: Being sued for my Too! Help!  
Joined: Oct 2004
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shovelheadme Offline
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shovelheadme  Offline
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Parma,Ohio
birdheartsoul - Oh I outta keep the location a secret!
We are feeling much better about the situation! I am sure everything is going to work out. We have much more on them and they have nothing!
I feel really really bad about the posts where people want to know the organization because they donate to this very important cause. I feel like I don't want people to donate to them, but what about the birds that are already in their care. It is sad, terribly sad! frown

No other updates besides the fact that my friend DID NOT receive an email from the organization, so in our eyes it just shows they do not have proof of ownership!

#65505 - 02/11/05 12:35 PM Re: Being sued for my Too! Help!  
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BE2Cassie Offline
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We're keeping our fingers and toes crossed for you. Good Luck. Nancy


Nancy & Cassie BE2
#65506 - 02/11/05 02:14 PM Re: Being sued for my Too! Help!  
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corkytoo Offline
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england, uk
any developments today shovelheadme?

#65507 - 02/11/05 03:17 PM Re: Being sued for my Too! Help!  
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birdheartsoul Offline
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Maryland
I hope when all this is over you can reveal at least the state. Yesterday we went to the pet shop where the rescues were being sold.

Good luck with your bird!

#65508 - 02/11/05 04:12 PM Re: Being sued for my Too! Help!  
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King Les Offline
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Michigan
Another thing you may want to do is enlist the help of other rescues in the state that you are in. They will probably be able to vouch for the fact that if the too is being properly cared for and is doing well in your home then there is no good reason a rescue should be trying to get the bird back and that it will only harm the bird..and that a legit rescue wouldn't do that to the bird.

#65509 - 02/11/05 06:49 PM Re: Being sued for my Too! Help!  
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shovelheadme Offline
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Parma,Ohio
I am on it now King Les! Great idea!

#65510 - 02/11/05 07:07 PM Re: Being sued for my Too! Help!  
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JAN H. Offline
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Hugs to you! It is wonderful how you are fighting for whats right for the bird! Keep us updated please! laugh

#65511 - 02/11/05 07:59 PM Re: Being sued for my Too! Help!  
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hhanse57 Offline
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IL
I am also following this thread and want to add my wishes that these scumbags drop all the haressment. I also hope that you'll be able to tell us the name of this "organization" when everything gets done. Rescue organization - yeah right...

#65512 - 02/11/05 08:41 PM Re: Being sued for my Too! Help!  
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Marie & Peaches Offline
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Guess they thought they were dealing with a whimp.
You sure showed them up. Three cheers for the birds! <img border="0" alt="[laughing]" title="" src="graemlins/laugh[1].gif" />

#65513 - 02/11/05 09:13 PM Re: Being sued for my Too! Help!  
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shovelheadme Offline
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shovelheadme  Offline
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Parma,Ohio
I have been doing as King Les suggested, contacting other rescue and briefly informing them of what we are experiences, but there is not too many in my state. So I thought, why not ask the Rescues all over the country! Once again, I am leaving out names and locations to protect ourselves as well as our U2. I have gotten one reply, and he wants me to call him or give him my number to discuss it in detail and he would help anyway he can. I will give you this, he is not in the same state as we are. I looked over his site and I am thoroughly impressed! Bravo to him! But should I call him? Advice is greatly appreciated. But just think... laugh If we had statements from rescues all over our country showing how wrong this is!!


You know, I am so torn by this. This organization is run by a bunch of idiots, but they do have birds in their care and from what I hear..alot of them. I just don't want these birds to suffer from anything we do. Yes, we can go to the media if they take us to court, the embarrassment would be great, but the birds would most likely suffer. I have no way of knowing if they have done this before. We did look up the organization in court public records and there is nothing showing the organization except one of the rescue ladies sued someone for $5.00 with interst of 10%. Weird, huh? Based on what she is doing to our U2 and us is all I have to base how this organization runs. But the deeper you go and the more you read, it appears that they do run a hokey rescue.

I know a lot of you want to know the organizations name because you donate to rescues. I am a bit curious of the organizations you donate to and if they are one of them. Do you consider donating to a non profit organization that is not 501(c)3? After all the sites I have visited, I sure would like to donate, but I am leary now! shocked
I will keep you all posted!

#65514 - 02/12/05 08:01 AM Re: Being sued for my Too! Help!  
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Neka-D2 Offline
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Pennsylvania
My heart goes out to you. I couldn't even begin to understand what you must feel like. Just remember "what goes around comes around". There is no way that anyone in their right mind would take your bird away after all the good things you have done. I read your post and it brought tears to my eyes frown . Just get a lawyer so you don't have to deal with them. They aren't even worth getting worked up over. I know in the end this situation will blow up in their face. Neka and I send our love and prayers to you.

#65515 - 02/12/05 04:05 PM Re: Being sued for my Too! Help!  
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King Les Offline
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Michigan
Quote:
But should I call him?
YES.

#65516 - 02/13/05 09:46 PM Re: Being sued for my Too! Help!  
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shovelheadme Offline
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Parma,Ohio
Just posting to let you all know that nothing new has happened. I will know more tomorrow, once I can consult with an attorney.

King Les,
I have gotten several emails from rescues and I will be talking to one tonight. Thanks for your advice.


As I have told you all, the friend that gave me the bird lives diagonally across the street from me. It appears that the rescue lady that has been emailing me and threatening to sue me, showed up at her house yesterday while she was at work and was waiting for her. A friend of hers came over to pick up a movie that had been left in the door for him. As he approach, the lady took off. He got her license plate info and called my friend. It was definitely her because she has a specialized license plate. I surely do not trust this person, she knows were I live, so now I am constantly looking out my windows. It has got to come to an end!

#65517 - 02/13/05 10:02 PM Re: Being sued for my Too! Help!  
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blondemss Offline
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vermont
it sounds as though you have the legal right to get a restraining order against this woman. what she is doing is called stalking and it is considered a very big legal deal. i would keep every email, letter, get caller id and document everything. btw, stalking by email with threats is a federal crime.

#65518 - 02/13/05 11:39 PM Re: Being sued for my Too! Help!  
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liviray Offline
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Blondemss is Right...Those E-Mails are harrassment and they could be punished for them.

If for any reason this woman shows up again CALL THE COPS, actually you might want to call them and let them know that your being harrassed by a nut who thinks you have her bird...a bird she technically has no right to.

If she serves you with papers... She will then have to prove in court that it is her bird, and honestly I dont know how she could ever do that.I think someone else mentioned that further up. Dont let her rattle you, do not allow her in your house, dont even open the door for her....just call the cops if she shows up again.
As I mentioned before, I hope your not returning these E-Mails, that is only going to fuel the fire . I think this lady is totally imbalanced, and Im a little worried that she could be dangerous...just keep yourself safe, get some solid legal advice, and take care of your bird...and yourself.

Oh by the way...I dont think this rescue can do anything if they were to be mentioned by name, your not making false accusations...just asking a group of online friends advice reguarding a situation they pulled you into.

#65519 - 02/13/05 11:56 PM Re: Being sued for my Too! Help!  
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shovelheadme Offline
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Parma,Ohio
Well your gonna love this! I have not contacted this woman since the time we called to tell her we would not be returning the bird. I have never emailed her. EVER! My friend got an email from her today saying "You and your friend need to stop sending us harrassing emails". Go figure, this lady is nuts!

#65520 - 02/14/05 01:39 PM Re: Being sued for my Too! Help!  
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Lis Offline
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Cape Cod, MA
In regard to e-mail.E-mail is "discoverable" meaning that it can be used in court as evidence. Is this considered "e-mail" I don't know. I work for a very large insurance company and once a year we have to go to a meeting and be reminded of this. Also, just think about this, I am sure this person reads this site (by what you have stated prior)and knows what you are doing and thinking of doing next. Maybe get a number from some support person, and stop posting here until all is said and done. I am sure everyone here will NOT forget you, and keep you and your bird in their thoughts.

#65521 - 02/14/05 08:22 PM Re: Being sued for my Too! Help!  
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shovelheadme Offline
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Parma,Ohio
I have spoken to a lawyer and he has told me, I have nothing to worry about. Their beef is with my friend. I was also told to take all the emails I have received to my prosecutors office and file harrassment and intimidation. Especially the email that stated she had taped our conversation, because it is illegal in our state. He informed me of so much, but I can not say on this board. But all in our favor. I believe I can trust him, he has been our family attorney for years and has been a senator, congressman, and in the house. I have never needed an attorney in my life, but I know I have one and a damned good one!
I also spoke to an out of state rescue on the phone last night, and they informed me of the same thing. They should not be going after me. Once again, a lot was learned but I can not say, but they will help me in anyway, because it is not right for the bird.

Lis -
I am not worried about them reading this post, so what if they do? I have not used names or locations. The only thing that they will learn is that I am prepared, that I did my homework, and that I am taking this matter very seriously. They will learn that I will do whatever it takes to protect this bird from the harm that they will impose on him by removing him from the home he is thriving in. The BIRD WILL BE DEFENDED! They want to file suit? Then I will have the right to legally make this public, but only when I receive a summons to be in court. So in our opinion it is time for her to put up or shut up! We are ready!

Quote:
Oh by the way...I dont think this rescue can do anything if they were to be mentioned by name, your not making false accusations...just asking a group of online friends advice reguarding a situation they pulled you into.
I have to agree with you on this, but I do not want to cause a war zone on this board, if they are indeed reading it. I respect this site, as well as Jerry and all the moderators, I don't want to cause trouble. I will tell you that after all these days of researching, everyday I find out something new that makes my stomach hurt. It makes me want to do something about it. Maybe this all happened for a reason?
I will keep you posted!

#65522 - 02/14/05 10:08 PM Re: Being sued for my Too! Help!  
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Robert Barta Offline
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Olney, MD
All good stuff. laugh laugh If nothing happens in a few days, I'd doubt they would bring any lawsuit anyway. laugh laugh Very happy to hear all this.

#65523 - 02/15/05 04:50 AM Re: Being sued for my Too! Help!  
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jules Offline
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the windy city
AAALLLLRRRIIIIGGGHHHHHTTTTT! What great news!

...where's that li'l hand-clapping dude when we need him?

p.s. thanks for keeping us updated - I think your story hit too close to home for quite a few of us, as so many have rescued/rehomed companions. I know it's crossed my mind a time or two whether or not someone's going to call & want to reclaim a bird they've relinquished.
Jules

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