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#65484 - 02/10/05 06:21 PM Re: Being sued for my Too! Help!  
Joined: Aug 2004
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Nikki's Mom Offline
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Nikki's Mom  Offline
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Joined: Aug 2004
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Idaho
I beleave they know I say this becouse my father passed away last year at night so we had to take the birds with us drove all night 1600 miles she would not go in her cage had to stay on my should she would take her beak and rub my check any time I would start to cry and yes I know having her out in the car is not good I tryed everything to keep her in the cage

#65485 - 02/10/05 06:33 PM Re: Being sued for my Too! Help!  
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Shutterbug76 Offline
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Shutterbug76  Offline
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Clay, NY
That really sux for you, I'm very sorry. Position is 9/10's of the law.

If the judge is made aware of the circumstances hopefully he/she will do what is in the best interest of the bird...YOUR home. smile

#65486 - 02/10/05 08:19 PM Re: Being sued for my Too! Help!  
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shovelheadme Offline
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shovelheadme  Offline
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Posts: 107
Parma,Ohio
HERE WE GO!!!!!! I just received an email from the organization and I am quite shaken up, literally! But why is she emailing me???? Here is what she had to say!

We are informing you that we are taking this matter regarding you NOT returning our Cockatoo to XXXXXXXXXXXX to court. We did our best to settle this out of court but you would not cooperate.

We will be suing you for legal expenses, court costs and whatever other charges we can bring against you.
We have the phone conversation proving the both of you agreed to return the bird to us on an agreed day and time then after the agreed day and time, called and said you were NOT going to return the bird. This will not look good in court.
We also have xxx xxx (my friends name)phone conversation. The lies are growing.

Sincerely,
XXX XXX

Oh Lord, I hope she is bluffing! Time to get legal help! I believe it is illegal to tape phone conversations without the other partys consent, so i am sure that can't be used. I am freaking out now!

#65487 - 02/10/05 08:23 PM 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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Joined: Oct 2004
Posts: 107
Parma,Ohio
Charlie if you are here, please delete this thread if you can, I accidentally put something that I should not have and it could cause trouble for me if they sue me!

#65488 - 02/10/05 08:40 PM Re: Being sued for my Too! Help!  
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Ron Pack Offline
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Ron Pack  Offline
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Posts: 1,092
Ohio
How can she know this is the same bird ? If the bird isn't banded, micro chipped, tattooed, DNA fingerprinted. or have some type of distinctive characteristic, I would tell her to GET BENT !!

In order to claim lost or stolen property, I would think she has to prove ownership....

Besides, who's to say the original bird never died or escaped..or was sold or traded for another cockatoo?

ps: you can edit your own posts by clicking on the pencil and paper icon above the post. I removed the name for you....

#65489 - 02/10/05 08:47 PM Re: Being sued for my Too! Help!  
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Posts: 107
shovelheadme Offline
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shovelheadme  Offline
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Joined: Oct 2004
Posts: 107
Parma,Ohio
Thank you Ron!

#65490 - 02/10/05 08:47 PM Re: Being sued for my Too! Help!  
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alaska_toos Offline
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alaska_toos  Offline
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Alaska
shovel,
If you would like to email me at alaska_toos@hotmail.com and tell me what you would like to be removed from your post I can do it for you... or if you look at the post where the paper and pencil are you can edit your own post and take out what it is to be removed.

edit* Ron is much faster than at posting wink


The woods would be very silent if no birds sang except those that sang best.
Henry Van Dyke
#65491 - 02/10/05 08:51 PM Re: Being sued for my Too! Help!  
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Julz Offline
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Julz  Offline
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Ron, LOVE the "get Bent"

I am not used to "getting sued ETC." But an EMAIL is NOT legal documents I have NEVER heard of such a thing! So threats made in email COULD be construed as harrassment! Legal service MUST be done by a LEGAL processor! Usually someone appointed by the court like a sherrif or clerk. A civilian can serve by signing paperwork that they are serving IN PERSONA. Email crap dont mean crap delete it! I was told along time ago you NEVER show your hand by "THREATS" of possible court actions! Actually now that I a thinking of it you could probably counter sue for harrassment.......

#65492 - 02/10/05 09:12 PM Re: Being sued for my Too! Help!  
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db Offline
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db  Offline
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Posts: 373
Sarasota FL
I think they are talking a bunch of nonsense and are trying to scare you into surrendering the bird. As I said previously you should get an attorney and let him sort it out which I have no doubt he could do in a couple of days - then all this would go away.
Do not acknowledge or respond any communications from them - wait until you receive an actual summons and then let your attorney handle that too.
db

#65493 - 02/10/05 09:13 PM Re: Being sued for my Too! Help!  
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Alleaa Offline
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Alleaa  Offline
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Space Coast, Florida
Hi, I'm sorry that you are going through all this. I have been reading the threads and I would like to add something. I would get ever paper you have for your too in order, any vet reciepts, or reciepts or anything for him.

Right now if they are only emailing and calling, I would try and relax it sounds like they are trying to really get to you.
Again I am sorry that you are going through this, my thoughts & prayers are with you.

#65494 - 02/10/05 09:31 PM Re: Being sued for my Too! Help!  
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Posts: 107
shovelheadme Offline
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shovelheadme  Offline
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Parma,Ohio
Well guess what??? My friend, the same friend who gave me my Too did not get an email informing her of intent to sue. I am thinking this is an effort to try and scare me into returning it. Maybe her lawyer told her she has no case, but for $100 would make a phone call and send a letter. Now it is time to pay a retainer and she is taking things into her own hands. In a previous email she said they have been advised to have no further contact for the matter will be going to court, so why email now?? Things are looking up!


I know obtaining an attorney is the right thing to do, but I do not feel the need to spend the money when they are hopefully just bluffing. I could use that money for more toys and the upcoming vet bill that I will have for his checkup. I will keep my mouth shut and my fingers still, even though I want to respond so bad. It is illegal in our state to record convos without consent or knowledge from the other party. She can not use them in court. So, I think she is banking on us replying to try and get information or some sort of proof! If I receive a letter from the court, that is when I will get counsel! But I already have all the documents I will need together!

#65495 - 02/10/05 09:34 PM Re: Being sued for my Too! Help!  
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shovelheadme Offline
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shovelheadme  Offline
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Joined: Oct 2004
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Parma,Ohio
P.S
Every email I have gotten from the organization, my friend has received the same one. This is the first time she did not receive one.

#65496 - 02/10/05 10:55 PM Re: Being sued for my Too! Help!  
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Roka Offline
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Roka  Offline
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Shovelheadme, I am so sorry to hear what has been happening and wish you the best of luck. A happy healthy cockatoo should stay put and to move it for political/financial reasons is abhorrent.

Hopefully this will all go away but I would start preparing in case. For me having less toys and using the money to ensure he stays in a loving home is better. I would be too stressed and upset to deal with it all and you can never beat the services of a good lawyer. If it goes away this time I could never relax again in case it came back. I would have a lawyer sort legal ownership out once and for all and only then could I sleep easy.

#65497 - 02/10/05 11:18 PM Re: Being sued for my Too! Help!  
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hellobaby Offline
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hellobaby  Offline
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*****

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Posts: 2,005
USA
This is my opinion... I doubt this person will give up the scare tactics. I think it would be worthwhile to hire an attorney to investigate these claims and put a stop to this person's tactics once and for all! Why keep going through the emotions every time you're contacted - even if it's bogus? Why continue to wonder?

I and a couple of other people here have figured out the organization you're talking about and will NOT mention it here because we don't want to be a detriment to your situation. I would love to see you be done with this so they could be exposed and possibly stopped from doing things like this in the future.

Their site is intriguing because they do present things as if they have a lot to hide. The fact that they only have two 'associates' and brag about being around for almost 20 years is interesting to say the least. So is the fact that they're begging for money for temporary housing, as mentioned previously.

I certainly don't have a good feeling about them. It's clear that what they CLAIM and what they DO are two different things. That's just my opinion. I certainly hope you'll call their bluff with the help of someone who knows their way around the legal aspects of things. Good luck and I hope we hear some good news soon!

Lynne


If you must cripple a creature
to keep it, perhaps you should
reconsider its suitability as a pet.
#65498 - 02/10/05 11:24 PM Re: Being sued for my Too! Help!  
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Robert Barta Offline
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Olney, MD
shovelheadme - it sounds like you are quite in tune with what is going on. Good that you have your documentation in order.

I would not delete any of their e-mails. I'd print them out. They could be admissable in small claims court where rules of evidence are somewhat easier.

I'd suggest talking to any neighbors/friends who are police officers and lawyers to let them know the problem and have a lawyer # on hand in case you need it in an emergency situation. Though I still agree with your assessment that they are just trying to scare you. Actually, since the time passed, I would have expected the suit to be brought, not an e-mail. Lynne makes a good point, if you retain a lawyer you can just reply to the last e-mail to contact your lawyer and then block their e-mails for peace of mind.

Agreeing that you understand that they want the bird back by a particular date/time is not the same as agreeing that you have their property and will return it on that date/time. Don't worry about their misrepresentation of your conversations. They don't make any sense and most judges will see that.

#65499 - 02/10/05 11:27 PM Re: Being sued for my Too! Help!  
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Lrex Offline
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Lrex  Offline
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B.C. Canada
Hi there:
For what it is worth, I went through a similar thing a couple of years ago with 3 cockatiels and a budgie that were abandoned. Here is what I would recommend....

1. Find out the going rate for boarding a bird in your area. Around here it was $5.00 per day plus food. Multiply that by the number of days you have had the bird. Add the costs of toys, cages, trips to the vet - everything. Get it all ready to file a counter claim if you are served with any papers

2. Don't even think about turning the bird over to anyone unless a sheriff or police officer (or some other official wearing a gun) shows up at your door.

3. Worst case scenario here is that you end up paying the price of the bird. Of course, they are priceless but I would do some research about the going price. Then get with rescues in your area and ask them to give you some statistics on unwanted cockatoos. Most will tell you that it would be difficult or even impossible to sell an adult cockatoo. Especially one with "issues" (read just being a normal cockatoo).

I for one am willing to write you a letter on the "value" of cockatoos and the kind of damage that could be done to this bird by this ridiculous action. My email address is lrex8@yahoo.ca

Above all else, yes he does know something is wrong. It is impossible to fool them about that kind of stuff.

My final bit of advice - go to a lawyer of your own and pay the small consultation fee. If you are not versed in the law these things are difficult to understand. A small cost could be helpful to you.

In my case I did not file a counterclain against the girl until the Judge, at the pre-trial mediation, indicated that I should do so. The total amount of my counterclaim for boarding etc. was more than 3 times her claim. He made it clear I was going to win!!!! I settled it out of court and prayed to God she would never get another bird.

Good Luck to you.

#65500 - 02/11/05 12:33 AM Re: Being sued for my Too! Help!  
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Posts: 107
shovelheadme Offline
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shovelheadme  Offline
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Joined: Oct 2004
Posts: 107
Parma,Ohio
Thanks for all the posts. I have listened and have did a lot of what I have been told to do already. I just do not understand where the grounds are for sueing us, you would think they would just go after my friend who gave me the bird. If she breeched her contract, I am resposible for that? Sue her for breech of contract and the value of the birds and leave my Too in peace, but NOOOOOOOOOOOOOOOOOO, they want him back. Don't get me wrong, I don't want to see her get sued, but the whole thing doesn't make sense.
I love the fact she admitted in her email of recording our convo, which is illegal in our state and she has got to know this. Yes, I will contact a lawyer and see what I can do to see how I can stop this now. A letter from her attorney DID NOT do the trick, but maybe a letter from mine will!

Great thanks and ((((hugs))) to all of you for all the help and support!

#65501 - 02/11/05 01:19 AM Re: Being sued for my Too! Help!  
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JAN H. Offline
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JAN H.  Offline
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Posts: 172
Hi...ya know I almost wish I knew the name of this so called rescue..because I donate to parrot rescues and sure as H*** will never donate to that one. They are despicable frauds!! angry

#65502 - 02/11/05 04:07 AM Re: Being sued for my Too! Help!  
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birdheartsoul Offline
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Maryland
About the lawsuit what state is this happening in?

#65503 - 02/11/05 06:23 AM Re: Being sued for my Too! Help!  
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hellobaby Offline
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hellobaby  Offline
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USA
I think it's best to keep the location private until the legal issues are settled - IF there are really any legal issues. wink

Lynne


If you must cripple a creature
to keep it, perhaps you should
reconsider its suitability as a pet.
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