I had wrote before telling how I breed boxers. I sell them with a contract. My contract states that if you ever get rid of the dog you have to return to me with no refund.
I had one returned to me, they said they couldn't control her as far as housebreaking and that someone broke into their home and stold all their money so they couldn't afford her.
They later called me and said we want our money back, I explained the contract to them again and they have a copy they could look at. Next thing I know they take me to court saying they only gave her to me to train and they want $500.
During court when they gave the magistrate their copy of their contract, he let me see it and I told him that it looked like mine but their was a extra sign. On it. Only the women signed it and now the man's was on it too. The judge then took my contract and compared them and said my name looked altered on their copy too. I asked him to see it, and he told me no, I already got to see it.
I felt this was unfair.
They told the judge that papers were just flipping back and forth on the table and it was just confusing. Which is not true. My husband was present during the signing and knew the man did not sign this contract.
At the end of the hearing the magistrate said he would let us know in writing when he makes his decision.
My questions are, shouldn't he of let me see the contract again?
Is there anything I can do about them altering and lying in court?
And if I send a letter from a witness saying they knew the man didn't sign it here, will the magistrate take it into consideration, or is it to late?
Thanks for any help.
Thanks for your answer about the boxer puppys.
Can you also tell me:
But what about him not letting me see the contract again?
Is their anything I can do about them lying? Or is it better
Just to let the judge decide and leave it be?
Also I did call the baliff afterwards and seen if I could send in another contract from a different buyer so they could see mine was legal contract and they altered theirs.
And she said no but she told me she honestly don't think I need to worry about it, that she would be shocked if he went their way. Do the baliff know pretty much how the judge will act to a case?
I don't think you can do anything about not seeing it. He let you see the evidence and to my knowledge nothing says he has to let you see it again. Wait on his decision, there is nothing you can do about the lying right now anyway. You told your side and they told theirs. If you win, I assume the court will take care of them lying if it feels like it. If you lose, do what Judy says and look into appeals. Basically, they didn't do anything against you, they did something against the court, so that's where that will come from, you can't file for them lying to the court. If they slandered you in public, then yes, but giving a judge a forged copy isn't your deal. Good luck.
Bailiff (from Late Latin baiulivus, adjectival form of baiulus) is a governor or custodian (cf. Bail); a legal officer to whom some degree of authority, care or jurisdiction is committed. Bailiffs are of various kinds and their offices and duties vary greatly.
Yes, according to the above abbreviation I think they have much influence on a case. They would have to have as much knowledge as both attorneys handling a case.
Yes generally a baliff will know how the judge will rule because they are in the court every day and hear what he says.
As far as looking at the contract he didn't have to let you see it in court. You should have done a discovery before hand and gotten it from them yourself and if you had requested discovery and they didn't give it to you than they couldn't use it for evidence.
In my state judges tend to follow contracts to the letter so if your state is similar the judge is only going to give them to option take the dog or leave the dog with you.
In your own words above you said that the judge looked at your copy of the contract and looked at their copy of the contract. You said the judge remarked that your name looked altered on their contract. I tend to believe the baliff in this matter as well. You'll find out soon enough the ruling. If in the future you have all parties sign with a blue ink pen you will have less problems proving which is an original and which is a forgery as most forgeries happen with black ink, not blue ink.
The only problem I have is with the contract itself, which it sounds like they did not question, that would have been part of my defense, once they buy the dog, it is their property, and you have no legal right to require them to return the dog to them, they would be free to sell the dog to someone else if they wanted to. And you can state there is no refund or no warranty, but that is not said from what you said, so there can still be a assumed warranty if there is a problem. Unless it is specificly stated there is no warranty.
Now that would have been part of my defense if I was going against this contract. I would challenge the actual legal status of the contract, since if it is not a valid contract, the terms does not matter
But if the judge is thinking they forged signitures, sounds like he will rule in your favor.
Also I do say, you thought they would tell the truth ? If both people agreed to what happened there would never be any law suits
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