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The Tortoise Police.

Discussion in 'General Tortoise Discussion' started by Vishnu2, Dec 18, 2013.

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  1. Vishnu2

    Vishnu2 Member 5 Year Member

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    A little story, that sucks.

    A few days ago a tortoise was given to me for Christmas. It was a beautiful tortoise. A sulcata.

    I prepared my Sulcata habitat in a way that Tom would be excited. I tested all the key elements before taking on this tortoise. Even making plans for the Summer and how he or she would live out it's life with my family.

    This tortoise was sick when I got her/him. Sneezing, lethargic, not eating and such within the first hour of having this baby I knew there was a few issues.

    I contacted the previous owner (breeder) an hour or so after getting the Sulcata. Asking what he fed her, what her temps were at his home for her. Tried to gain as much knowledge as possible before hanging up.

    After begging for a different tortoise, the breeder finally agreed. The first tortoise died 2 hours later. Him claiming he would take her or him to the vet. I offered to take her to mine but the breeder refused stating his vet cut him a discount. I googled his vet and the reviews were amazing. I trusted his decision.

    Yesterday, we exchanged. The breeder gave me a hatchling which I felt comfortable with. I changed out the bedding, changed everything in the old habitat to make sure the new tortoise didn't catch anything from the old one. This took me HOURS!

    About an 1 hr ago, I wrote the breeder and informed him that this baby wasn't eating either. I had soaked her a few times. Changing out the water. She/he acting like it's choking on something. It bit at the water but still hasn't eaten. Which I understand it takes time to adjust. Her or his eyes won't really open.

    The breeder recently wrote me back, claiming he has emails saying I was exchanging a dead tortoise for a new one, claiming that I knew she was not okay for days and didn't contact him. This all untrue.

    He is taking me to court. This is obviously a Civil matter.

    I contacted my local police department. I explained the situation and they too claimed it was civil. There is nothing I can do. But, go to court and plead my case. Bring the emails I have from the breeder. Because over the phone communication is after-all hear-say.

    I am heart-broken. I just wanted a healthy tortoise.
  2. sibi

    sibi Well-Known Member 5 Year Member

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    This is horrible. Make sure you write down everything that happened. Give dates, times, and anything that shows why you held on to the tort for a few days. If you didn't know what was wrong, make sure you state that any help you may have received in way of advises. Btw, how's the other tort you received from him?

    Listen, anybody can sue anybody for anything. Unfortunately, you may need a lawyer which will cost you. Make him pay for court costs if you get a lawyer. If this is small claims court, you may win without an attorney.
  3. Vishnu2

    Vishnu2 Member 5 Year Member

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    The other tortoise isn't doing great. I just wanna cry . yes, this is a small claims court case matter. I don't mind hiring an attorney if need be. Hopefully this guy isn't serious. I'm sad about these poor torts. I feel awful for how they have been raised.
  4. lkwagner

    lkwagner Member 5 Year Member

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    What a jack ***. If he had a problem with it why would he exchange it in the first place? If this guy is a breeder you should warn us about who he is, so no one else on here has to deal with his craziness.

    But make sure you boost your temps up for the new sick one, it will help. I cured a uri in one of my baby sulcatas with higher temps and lots of soaks.
  5. harris

    harris Well-Known Member 10 Year Member!

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    Ummmm.....On what grounds is HE taking YOU to court for???? That is the silliest thing I've ever heard.
  6. Pokeymeg

    Pokeymeg Well-Known Member 5 Year Member

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    That makes no sense....He is probably throwing the court thing out there to get you to lay off (knowing that you are on to him/her, and can actually tell they may be a sub-standard breeder).
  7. lisa127

    lisa127 Well-Known Member 5 Year Member

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    My thoughts exactly.
  8. kathyth

    kathyth Well-Known Member 5 Year Member

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    I agree.
    It makes NO sense.
    I would drop any expectation related to this person.
  9. Tom

    Tom The Dog Trainer 5 Year Member Platinum Tortoise Club

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    This makes no sense. What is he trying to get out of you? The price of a sulcata baby? He wants to go to court over the price of a sulcata hatchling? That's just weird. This guy sounds a bit unbalanced.
  10. Elohi

    Elohi Well-Known Member 5 Year Member

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    I second this.
    Weird.
  11. LolaMyLove

    LolaMyLove Active Member 5 Year Member

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    Sounds like nothing more then empty threats to get you to stop contacting him. Forget him and just worry about the baby. Chances are you will never hear from him again.
  12. TortieLuver

    TortieLuver Active Member 5 Year Member

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    I agree with Tom...I think he is just threatening you, as it will cost him more in filing fees than the price of the sulcata and he doesn't have a case. Sorry about the stress and the heartache of these tortoises.
  13. erica anne

    erica anne Member 5 Year Member

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    My thoughts exactly!
  14. Vishnu2

    Vishnu2 Member 5 Year Member

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    From what I can gather from his emails he is suing me due to the first tortoise passing away. He is saying that I didn't contact him when the tortoise got sick. I called the guy about 1 hour after picking up tortoise. Explaining how to the tortoise was behaving. He said he has email documentation that I gave him a tortoise that had passed. Which it partly true. I told the guy through email that the tortoise was sick and I didn't think she would make it. He is saying the tortoise was fine when he sold it and it must of been ME that killed the tortoise. Sigh, Yes, you guys are all right the whole thing doesn't make sense. Tom he is suing me for $280 court cost plus $275 for the price of the tortoise. I am not paying this guy a dime.
  15. Elohi

    Elohi Well-Known Member 5 Year Member

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    The guy is obviously out of his mind. No judge will award him diddly after he gave you a replacement. That alone proves he was ok with receiving the tortoise back. I would take the hatchling to a good vet and get a detailed health report on it and have it ready for court, if you ever actually have to go.
    [hr]
    Did the tortoise die while still in your care? Or after he traded you for a baby?
  16. dds7155

    dds7155 Member 5 Year Member

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    He's not suing you,, but i would like to see it on Judge Judy ,,-) ,,,
  17. jshaw9_

    jshaw9_ Member 5 Year Member

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    The fact that he swapped the tortoise that died for a new one indicates that he has already accepted liability.
    Once you make a purchase of anything you have a legally binding contract however he has an obligation that the goods he sold (regardless if it was a tortoise)were fit for purpose. It may be worth while trying to do a bit more digging on this guy. Google is a fine tool, is he a registered breeder?does he have to be registered where you live?Does he have insurance? If I were you I would get a friend to contact him pretending to be someone interested in buying a tortoise and insist on visiting him and seeing how they are kept.
    I would say he is probably not going to go through with it.
  18. Vishnu2

    Vishnu2 Member 5 Year Member

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    Thanks jshaw9. Your advice is a great one. He keeps emailing me after being asked nicely to not contact me again. So, I will be filing a report. I just wanted a healthy tortoise. Is that to much to ask?







    [hr]
    I am a huge fan of Judge Judy but not enough to want to meet her due to a tortoise case.
  19. Laura

    Laura Well-Known Member 10 Year Member! 5 Year Member

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    did you purchase this tortoise Before joining this site or after?
    there are a lot of people here that could get you not only a better deal,, but healthy...
    I hope it all works out.
  20. wellington

    wellington Well-Known Member Moderator 5 Year Member Tortoise Club

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    He'd be stupid to sue you. However, I would document and record everything that happens now between the two if you. I would also give his name in the vender/breeder review so hopefully no one else buys from him. So sorry, I hope this other one you have makes it.
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