Sold a German Shepherd and got a Mal - Page 5

How big of a town do you live in? Might work to put an add in the paper.

Small claims court or Class Action (if you can find the other puppy buyers).

If my theory is correct, some buyers got 100% GSD's and some got GSD/Mali.

How did you find out about this litter?  Was it in a newspaper?  A website?

If it was a news paper, you can run an ad to find the other puppy buyers.

If you do small claims court, at least you know where his employer is and you can attach his wages.

Good Luck,

Michele

I Google GSD in NC and this litter came up on a site that advertised they were AKC registered. Then that site took me to their web site. Their web site is very impressive. I looked at numerous others and even checked their kennel through the AKC so I assumed they were honest, not to mention the breeder was a LEO. I had another lady contact me that got a dog from the same litter and I think she has solved the problem. She didn't mess with asking people for advice like I did. She called me (because I posted on the breeder's guest book when I was upset about the papers) and then she went straight to his Sgt. at his police department. I supplied her with all the correspondence between me and the breeder and she forwarded it to them, so I think this will be all taken care of soon.

These are my thoughts; Three or four things are taking place within this situation, IE; the selling of the pup, the fraud/misrepresentation, the individuals job/title, the outcome you are looking for or hoping for, the way or ways to go about the outcome you are looking/hoping for.

Prioritize, prioritize. Here is what I would do. FIRST, dissect the contract and KNOW what right you have. If you need legal advice, (not saying you don't understand the contact), you have two options: Find legal advice or put that on the back burner.

For LEOs part of their "Policies, Rules and Regulations" will be something to the effect of "... will not let instances in my personal life sully my professionalism etc., etc.......... Without knowing the contract make sure your T's are crossed and your I's are dotted. You have his name, Department and now you send a "formal" letter to The Chief. You state something to the effect that numerous attempts by you have been made to rectify the situation....... Fraud, misrepresentation, unethical behavior, and something to the effect of "If this officer does this in his private life, to deceive and take financial advantage of citizens that look to him for truthfulness, professionalism EVEN in his breeding program with the Department's K9 is that the way he represents the Department when he put on the uniform? In reality his breeding/selling has nothing to do with his job performance BUT as LEOs, these individuals are held to a higher standard and that is where this falls into..

I would do multiple things and that way if one doesn't work the second or third is already in motion and you don't have to use energy to start a new process. (More irons in the fire so to speak) 

I would take him out of the equation. If what you have stated is true then he has had the opportunity to make it right and he has chosen not to.

So,
Formal/legal Letter to the Chief, have other individual's letters included
File a "Criminal Summons" against him. You need to go to your District Court, not your Circuit Court. District Court and sit down with a "Court Commissioner". Explain the situation and show pertinent paperwork if you have it. The charges will be something to the effect for Fraud, Failure to Honor Contract, and some other things. Can't remember the exact verbiage but the concept is if you have a professional and you have a contract for services or items and that person fails to provide or skips on you without fulfilling their obligation then repercussions can take place. The commissioner will break everything down to/for you.
Initiate "Small Claims Court" claim 
Do you have a Town/City Council?
Write a letter to the newspaper. That way your case is now in the "Court of Public Opinion"

That should get you some results ASAP! Good Luck.

Now about the dog...... I would concentrate on having him/her evaluated and if the temperament is good and the dog is trainable for that venue then WHY NOT?
 
 

Quote: "I had another lady contact me that got a dog from the same litter and I think she has solved the problem. She didn't mess with asking people for advice like I did. She called me (because I posted on the breeder's guest book when I was upset about the papers) and then she went straight to his Sgt. at his police department. I supplied her with all the correspondence between me and the breeder and she forwarded it to them, so I think this will be all taken care of soon."



Hmmmm Sounds rather  familar.    What were you told pages ago?  Oh, yeah: On May 24th, you were told,
"What we have here is fraud and theft by deception.  I'd be contacting him to let him know that my next communication would be with his department, regarding his conduct unbecoming an officer of the law nd instituting legal proceedings. "

Now, this other woman, went to the department and got the problem rectified.  Wonder if  it would have been rectified around May 24th, had you advised the breeder, as suggested, by someone "mess[ing] with answering your queries for advice.   Wonder what would have happened a week or so ago, if you had messed with using any of the advice people took the time to offer and advised him that  the next communication would be with the department?  Hmmmmm?   

Hope it all works out for you.

FYI: I was called by an internal affairs officer in this guy's department and although they are doing an investigation, he said the DA will probably say it's a civil matter since I paid for a product and got one. I have to send them a statement and possibly do an interview after I return from Germany. Oh well, we tried, sounds like this guy is going to get away with it after all. Thanks for every one's advice. I guess if you want to be a deceitful crook, there is not much that will stop you. Even the law.

If his department lets him get away with cheating the Public through selling his Dogs he will cheat the Public through his job as well, the man is a fraud and if his department does not see it that way then write a letter to the people above his department outlining what he has done to you, What his department said and the lack of help you got from them, in other words go as far as it takes to get your rights no holds barred i would have there goolies for brealfast had it been me
Steve1

NC huh... Fraud in this state is a FELONY. They will pull his certs and he will NEVER be allowed to practice as a law enforcement officer again.

This is what we did to get $$ from a dog that "washed out" but really didn't. First, send a certified letter, return receipt to this gentleman stating
the facts, that you put a deposit on a pure bred GSD and received a mal mix. State in the letter that this is fraud and a felony and he will loose his
certifications if he does not comply. This is not an angry letter but a very polite, threatening letter. I can dig up the statutes
if you'd like assistance. He will either accept or deny signing for it. State in the letter you are giving him 30 days from the deliverey of the letter to
cough up what is owed to you or you will proceed with court. At the end of the 30 days, send the same letter certified return receipt again to him, and
to the cheif of police (his dept.) THIS ought to get you a ruturn of your money real quick and in a hurry. If nothing happens, go talk to the Sheriff's office
in the county that he practices to issue the felony warrant. We have good friends in the Sheriff's office here and they were pushing us to let them file
it (pissed them off too). Not only is fraud a felony, but NC Statute 14-102 Obtaining property by false representation of pedigree of animals states : If any
person shall, with the intent to defraud or cheat, knowingly represent any animal for breeding purposes as being of greater degree of any particular strain
of blood than such animal actually possesses, and by such representation obtain from any person money or other thing of value, he shall be guilty of a Class 2
misdemeanor.


I can just about guarantee that this will not go past the second letter.

PM me if you need more info. I am in NC

Edited to add : Not only the above, but K9s are NOT allowed to be bred (doesn't mean it doesn't happen) BUT if this is brought to his Depts. attention, they may also pull his dog.

That's my kind of letter, Melba.  Notice how one phone call from the investigating office affected your thinking, Dhaine. Now it is your turn, if you are up to it.

Hey, polite but threatening gets the job done. There's no name calling or anything, and mention of the MEDIA nevr hurts either.
The PDs around NC don't want ANYTHING to do with the press and tarnishing their name. Trust me, I've seen it more then once.

Melissa