I recently sold a dog to an out of state woman. She returned home, told me everything was fine, then put a stop on the check and indirectly told me buyers remorse had set in, that she had rushed the sale (which was true). She offered to pay half the amount we had agreed on saying that she didn't think the dog was worth the price we had agreed on after all. When I refused, she had the dog tested for anything possible. She found tapeworms (only due to my ignorance that heartguard did not prevent tapeworms as well, just hook and round). Due to her having a complaint (even though I have written proof from a state worker that tapeworms cannot be claim for an unfit sale) the detective told me it cannot be criminal it has to be civil. He did call her to encourage her to pay. She told me that she cleared the check, however it came back to me stopped (she sent me an e-mail saying that i did not cash the check, however I sent her a scan of the copy of the stopped check). I gave her another chance and told her to send me a money order for the full amount by the 21st and I will not file the case. However I did not recieve word or mail from her.

I am so stressed out about this. She has my therapy dog and my money.

From what i have read I should be able to file the claim in my county. I have never done this before, I am not sure what to do.

My other question is should I try to cash the check again? I have called her bank and they will not tell me, nor the president of my bank if it is cleared to be cashed or if the funds are there, only if she has an account. I she told me on a saturday that it was cleared to be cashed, and it came back that tuesday. She e-mailed me this last tuesday telling me again it had been cleared to be cashed. I just would like to stay out of the court if possible. But I guess it has just come to that. My worry is that If I file it now, there is 10 days in Aug. I will be gone, what if it falls on those days?

I just don't understand what is going through her head, you cannot do this. I have given her the option twice now to just pay me and not have it go to the court. Now I have the right to add my costs, etc..

If it is your therapy dog, why did you sell it? If she doesn't give the money, you will have to file in small claims court.

Make sure you will be able to get her served at her out-of-state residence. Don't pay court costs to file if you can never get her served with process. Good luck.