Ask Me Help Desk - Possibly being sued

A women gave me a bird and cage, there was never any mention of her wanting money. She now is saying that I agreed to pay her $800.00, which is not the case. The police came to my house and stated she wanted her bird back since I did not pay her. I told him there was no agreement in writing or verbally. He seemed reluctant to leave without possession of the bird, so I played the voice mail she left stating that she wanted me to have the bird. He said that it is no longer a police matter and is a civil matter and would inform her of this. I read online about the statute of frauds and uniform commercial code that states : any sale over $500 must be in writing or is not enforceable by law. My question, since there was no written (or even verbal) agreement, will the court make me pay her? Should I get an attorney and what kind, if she try's to sue me? Thank you for your help!! Joann

Sounds to me like she has no case. You have a voice mail that makes no mention of payment. And you have the law that states that a bill of sale was required.

So, unless she can prove that you agreed to pay her she will lose.

On the other hand, if she wants the bird back I would give her the bird.

Well, you're just playing the waiting game now, to see if she actually WILL sue you. She may, or she may not. Don't "do" anything until you're served notice of a hearing. What you can do is make sure you have all your ducks in a row. Make a recording of the message she left so it doesn't accidentally get deleted. (What does that message say, by the way?) Do you have any witnesses to converstation between you and the woman? If so, I'd get those people to write down what they heard. It would still be better to have them appear in court in person, if she does sue you, but at least that way they don't forget stuff. It wouldn't hurt for you to write down your recollection of each conversation you had with her, too. And when they took place, where, etc.

She may not ever follow through with any action. She must have found out that she could have made money off the bird after giving it to you and now is kicking herself. Most likely, she's just mad and it will die down and she'll forget about it.

The only way I'd see you could be in any kind of jeopardy of being ordered to pay her or give the bird back is 1. if someone heard you agree to pay her, or 2. if this is like one of those deals where it is SO OBVIOUS that the bird is very valuable and you were taking advantage of her. Like you read about some little old lady giving away a priceless car that's been sitting in the garage for 40 years to a car dealer who knew full well WHAT they were getting.

How did you come to get the bird, meet the lady in the first place? Was she advertising? Friend? That may also have a bearing on how strong either of your cases are.

I wasn't sure how much space I had to type a question, so I abbreviated. Here is the longer version... I work in a local pet store and last year the same woman called and said she had an umbrella cockatoo to give away because her husband was afraid of it. I expressed interest and she gave me the bird. There were a few issues with her because in my opinion she's nuttier than a fruitcake, but it's too much to go into. Fast forward a year... she bought another cockatoo from the pet store I work at, but a few months later, she returned the bird. No refund was given for either the bird or cage. The pet store then turned around and was going to re-sell it for $800. She found out about them re-selling it and took the bird back, because according to her, she told the store manager the bird was to be given away to a good home. When I found out that she was moving, I called her about buying a fish tank that she had for sale. The bird came up in conversation and she asked me that if she couldn't keep it, would I be interested. I told her yes. I got a call a few days later and she left a voicemail message. Saying she couldn't handle the bird and she wanted me to have it (that is the message. That the police officer listened to). So being that there is a history with her giving me another bird which is just as expensive, I don't believe there was any malice on my part. I just have too much going on with my health and some family issues to have to deal with this nutcase again. But for the bird's protection and the sake of right and wrong, I will dispute her false claims (as will my witnesses that no $ was mentioned).
By the way, thank you for answering. I need all the moral support I can get right now!

Quote:

Originally Posted by rockinmommy

Well, you're just playing the waiting game now, to see if she actually WILL sue you. She may, or she may not. Don't "do" anything until you're served notice of a hearing. What you can do is make sure you have all your ducks in a row. Make a recording of the message she left so it doesn't accidentally get deleted. (What does that message say, by the way?) Do you have any witnesses to converstation between you and the woman? If so, I'd get those people to write down what they heard. It would still be better to have them appear in court in person, if she does sue you, but at least that way they don't forget stuff. It wouldn't hurt for you to write down your recollection of each conversation you had with her, too. And when they took place, where, etc.

She may not ever follow through with any action. She must have found out that she could have made money off the bird after giving it to you and now is kicking herself. Most likely, she's just mad and it will die down and she'll forget about it.

The only way I'd see you could be in any kind of jeopardy of being ordered to pay her or give the bird back is 1. if someone heard you agree to pay her, or 2. if this is like one of those deals where it is SO OBVIOUS that the bird is very valuable and you were taking advantage of her. Like you read about some little old lady giving away a priceless car that's been sitting in the garage for 40 years to a car dealer who knew full well WHAT they were getting.

How did you come to get the bird, meet the lady in the first place? Was she advertising? Friend? That may also have a bearing on how strong either of your cases are.

From your "longer version" I would guess that this woman will realize that she can't rattle your cage (no pun intended) and forget about pursuing you. Of course that's just my gut feel from what you've said. It sounds like you have a pretty good case if she were to come back and try to sue you.

I hope that the store you work at will no longer be selling any pets to this woman. One of my biggest pet peeves is "disposable pet" syndrom! Drives me crazy.