Rescue rules

[featherfanatics]

I'm still being harrassed by the girl I got my bird from. She was selling birds from her mom's rescue but had me sign the adoption papers. I did find out that the papers won't hold up in court because she had no legal right since it wasn't her rescue but her mom's.

Anyway here's my question. This girl is now threatening to call the previous owners to tell them that the bird is in danger because it's with me. Can she do this? I know she has the name an address of his previous owners but I didn't think rescues could pass on info like this.

I'm going to get an anti-harrassment order tomorrow but I don't think this will stop her.

Any advice? I'm at lose as to what to do.

(I'm not trying to bash anyone, just looking for advice!)

[catschair]

I must have missed the start of this story. What does she want? More money? The bird back? Do the original owners want the bird back? If she was selling someone elses' birds to start with, I doubt she is too concerned about the legal ramifications of releasing your contact info?

[featherfanatics]

This girl was selling a bird on petfinder. I found out (after I sent her a deposit to hold the bird) that they was really from her now passed away mother's rescue. I still thought I was buying the bird until I got there and she pulled out adoption papers with her mom's rescues name on them. Since I drove 5 hrs to get the bird I signed them. This girl lied to me about the birds personality and a few other things. I mentioned on another sight that this girl wasn't truthful with me and if anyone wanted to contact me they could.

Now to make a REALLY long story short. The girl now says that I'm bashing her and has been harassing me ever since. She sends me several PM's a day with all sorts of threats and name calling. I've tried to be nice but nice isn't working! She says I'm a danger to the bird, I've changed my phone # and even moved so she couldn't find me(not true!). I have offered for her to visit several time to see that the bird is very well taken care of (with the cops present for safety issues) but she has declined. She wants me to give the bird back and now says she's contacting the previous owners so they can take me to court. The previous owners gave up the bird because they were moving.
I guess my first step is to get an anti-harrassment order. I didn't want to but now I don't really have a choice. Is it legal for her to contact the previous owners? I really can't afford to hire a lawyer but I'll do whatever it takes to keep my bird from going back to her!

[vball1320]

I would quit responding to her e-mails if they are less than nice, maybe she'll get the message that you only want to communicate with people in a civilized manner.

[Ginich]

I am not an attorney but I do have some special knowlege about these type of things..If there is an attorney on BB, it would be interesting to hear him/her weigh in on this...

Do you have a copy of your cancelled check or receipt for the funds you paid her for the bird? If so, I would send her a certified, return receipt letter telling her that you have been advised that she did not have the legal authority to complete the adoption so the papers you signed are null and void. However, You do have the cancelled check you gave her when you purchased the bird and if she continues to harass you, you will sue her for extortion and file charges against her for stalking. Your business with her is concluded and you are putting her on notice not to contact you again.

Obviously, the previous owners relinquished the bird and it was rehomed (sold) to you. I doubt that anyone can take it away from you, at this point. She may have someone that is willing to pay more for it than you did.

[Beaks]

This has been going around on the boards for a while now and is being perpetuated by a couple of spammers and troublemakers on every board that hasnt banned them yet.

I got 2 emails yesterday from one if them about the same thing and i told them to shove off.

If the staff here would like a copy of the emails i would be happy to forward them.

This is just a trolls attempt to trash someone.

[Nazir's]

I'd suggest your first step begin with building a case. Save all of those harassing e-mails and PMs, put your adoption contract along with them, anything, and everything else that you may think of. Contact the Better Business Bureau in her town and file a complaint! Hopefully, that alone will get her to wake up, as they will only mediate an issue in attempt to get you what you request-- which at this point is just for her to leave you the heck alone.

If all else fails, you'd have further built your case with a paper trail to follow. That will most certainly work in your favor. Then, take her crazy self to court and sue her for any and everything that you can (i.e. breech of agreement, harassment, sales while falsifying information--intent, mental anguish. etc..) A lawyer may be helpful in such a case but prior to hiring an attorney contact your legal aid department to obtain all of the information that you can. After doing so, you may find that you're confident enough to handle your own case. Look into the consumer protection laws in your state and the seller’s (if the sale took place in a different state).

IMO, you have not a thing to worry about. Unless your proven by the courts to be an unfit pet owner, there is no way that she can legally obtain the bird back without your permission. The sad part (which in this case works in your favor) is that there are not many laws to protect companion pets. However, you as the consumer have more right in this situation and laws which will protect you. You’ll go further.

The previous owners are of no issue or concern. They relinquished their bird and all right to it when they handed it over to a rescue, granted the bird was handed over. Obviously, this lady (the seller) knows that she should be more worried than you. She knows that she lacks the rights to do anything which is why she figures or is hoping that the previous owners can. Further, unless that rescue was legally handed over to her (which I doubt by her threats of getting previous owners involved), technically and legally she can’t do anything! Basically, she'd only be digging herself a deeper ditch for herself by continuing with her madness. She is doing business illegally, was not and still is not being forthcoming.

I would just laugh at her and ignore her because it all just sounds ignorant to me. Well, that’s not exactly what I’d do but it would certainly be the best thing to do.
Pity on her—She’ll get over it!

[featherfanatics]

Thank you guys for all your great advice! I did make an appointment to speak with an attorney but I can't get in to see him for a few weeks yet. If it was anyone else but me I would probably tell them the same thing, just ignore her. I guess it's just the fear of loosing my bird that's making me panic. For the most part I just ignore her except when I offer her my phone number or offer for her to visit. I've printed off everything she's sent me and I've sent her. I even printed off any of the threads where we've had our "discussions" on. Lol, I have quite a stack of papers. I have the false adoption papers she had me sign as well as the reciept that I paid cash for him.

I am having problems with her on a different board but I'm not trying to trash her. I just want this to end! I've had a few people contact me reguarding this person saying they have gone thru similar problems too and would be willing to back me in court. These peope got ahold of me not the other way around.

[Beaks]

Those people are probably the same ones that have been spamming me about this person.

This whole subject is just getting old real fast.

It only takes a few minutes and about 50 bucks to file a civil suit and deal with the problem and you dont need a lawyer to do it.

Harassment is against the law so report this person to the cops and file charges(they have to file a report even if they say they cant do anything)

Dont put your business on the web it can hurt your case and so can dealing with the troublemakers that are contacting you because you dont actually know the facts about why they are doing this.

[Tishrei]

I am not a lawyer but a paralegal. With that being said, I offer no legal advice as it is illegal for a non lawyer to offer legal advice. I will tell you what I would do if I were in your shoes.

If I were standing in your shoes, I would not be afraid for I understand you to have paid for the bird and I would consider myself the legal owner. It is not illegal for her to contact the previous owners, this is a free country and we can contact who we want. If she is saying that you are not taking care of the bird properly, the previous owners have no claim for they no longer own the bird. She would have to contact animal control who would have authority to investigate, not the previous owners. If I were standing in your shoes, I would block her from PM'ing me, put a block on her email and notify her that you are stopping all contact.

I seriously don't understand why you have maintained contact with her. You want to put a stop to this? It's really easy. Don't accept contact. Ignore her. It's as simple as that!