MOkittyRescue
Jun 23, 2009, 09:10 PM
Briefly, I am an Animal Rescuer, I have had a Sanctuary also for over 14 years am also Non Profit.
In 2006 we received a phone call that a Cockatoo was being abused and needed Sanctuary for a little time while her owner moved to a different situation then would take the bird back, no problem mission accomplished, except for her living conditions did not change.
In mid 2007 we received another phone call on this same bird, she stated I know how much you love this bird and I want you to have her, yes usually I make people sign an owner release but stupid me felt sorry for her and did not want to put here through anymore stress. Anyway, we went and got the bird from her along with all her belongings, cage, stand, food etc. A few months later she called wanting the bird back, we would not let her have her, mainly because this bird had been through enough abuse by her husband and his kids. A little more time went by and she changed her mind again and said her and her husband talked and they were purchasing a new baby bird and all they now wanted was the cage and stand, tried to get that accomplished and she would never call me back, Oct 2007 she had a police officer call stating that he was filing felony stealing charges, the prosecuting attorney said NO. Dec 2007 she had her attorney send a letter to get the bird back, went to his office he would not talk to us. NOW, April 2009 we have been served with a replevin, asking for the bird, cage etc or 2500.00 plus punitive damages and 9% interest back to Nov of 2007.
I have dealt with all the paperwork so far, answers to interogatories, production of documents and answers to all there questions, have also served them with the same. She initially sued me and a few days ago we get another letter in the mail and her attorney is asking the court for Motion of Leave, amending the petition to add on my husband as a defendant, today was the court date for that, I did not want that to happen so I go to court to stop it, low and behold that didn't happen. We get to court at 11AM the hearing is at 11:45am, at 11:15 in walks her attorney with another client he had a hearing with at 11:30, we are waiting patiently outside the courtroom for our hearing scheduled at 11:45 or shortly thereafter, out walks her attorney and leaves a few minutes later the court room doors are locked, OK, that was bad! Here comes the Judge down the hallway, we stop him and ask him what happened to our hearing that was to be held at 11:45, he said that he granted the attorney what he wanted, the papers are already filed then said that he had to add my husband on so that they could get what they needed, what? How is that fair, the attorney knew we were there, the bailiff did not come out and call the next case! So now what, I want to ask for a dismissal of the case, first of all they are suing the wrong people they should be suing the Sanctuary not us personally, 2nd I have recordings of her daughter saying that she is not mentally capable of making decisions on her own, 3rd we also have recordings of her telling us all she wants is the cage, stand back after she freely gave it all to us. So my question is what is my next move? Thank You for any help as you can tell I cannot afford an attorney, animal rescue is a money making adventure.
In 2006 we received a phone call that a Cockatoo was being abused and needed Sanctuary for a little time while her owner moved to a different situation then would take the bird back, no problem mission accomplished, except for her living conditions did not change.
In mid 2007 we received another phone call on this same bird, she stated I know how much you love this bird and I want you to have her, yes usually I make people sign an owner release but stupid me felt sorry for her and did not want to put here through anymore stress. Anyway, we went and got the bird from her along with all her belongings, cage, stand, food etc. A few months later she called wanting the bird back, we would not let her have her, mainly because this bird had been through enough abuse by her husband and his kids. A little more time went by and she changed her mind again and said her and her husband talked and they were purchasing a new baby bird and all they now wanted was the cage and stand, tried to get that accomplished and she would never call me back, Oct 2007 she had a police officer call stating that he was filing felony stealing charges, the prosecuting attorney said NO. Dec 2007 she had her attorney send a letter to get the bird back, went to his office he would not talk to us. NOW, April 2009 we have been served with a replevin, asking for the bird, cage etc or 2500.00 plus punitive damages and 9% interest back to Nov of 2007.
I have dealt with all the paperwork so far, answers to interogatories, production of documents and answers to all there questions, have also served them with the same. She initially sued me and a few days ago we get another letter in the mail and her attorney is asking the court for Motion of Leave, amending the petition to add on my husband as a defendant, today was the court date for that, I did not want that to happen so I go to court to stop it, low and behold that didn't happen. We get to court at 11AM the hearing is at 11:45am, at 11:15 in walks her attorney with another client he had a hearing with at 11:30, we are waiting patiently outside the courtroom for our hearing scheduled at 11:45 or shortly thereafter, out walks her attorney and leaves a few minutes later the court room doors are locked, OK, that was bad! Here comes the Judge down the hallway, we stop him and ask him what happened to our hearing that was to be held at 11:45, he said that he granted the attorney what he wanted, the papers are already filed then said that he had to add my husband on so that they could get what they needed, what? How is that fair, the attorney knew we were there, the bailiff did not come out and call the next case! So now what, I want to ask for a dismissal of the case, first of all they are suing the wrong people they should be suing the Sanctuary not us personally, 2nd I have recordings of her daughter saying that she is not mentally capable of making decisions on her own, 3rd we also have recordings of her telling us all she wants is the cage, stand back after she freely gave it all to us. So my question is what is my next move? Thank You for any help as you can tell I cannot afford an attorney, animal rescue is a money making adventure.