Puppy Deposit Refund

[puppyques]

I gave a breeder a deposit for a puppy before the dogs were even bred. I signed a contract that states the deposit is non refundable unless she connot supply me with a puppy. Over time we sent emails back and forth and when the female was bred it was not to the stud that was supposed to be used. I expressed my dislike for the stud. After the puppies were born the breeder offered my deposit back in three separate emails. I said that I would like my deposit back and was told she would send it after she recieved the money for the puppies she sold. She asked me at that point to think it over one more time and let her know. After I told her that I definately did not want the puppy I did not hear from her for a while. When I asked her again when she would be sending my deposit back she told me she changed her mind. I made my decision not to take the puppy based on her telling me she would send my deposit back. (There were other reasons for me not taking the puppy such as she sent the female to be whelped in another state and the only picture I received was not very good. I asked many times for a better picture but she never sent any.) Can these emails be used in small claims court to void the original contract and get my deposit back since she offered it to me via email three times?

 

[army judge]

I gave a breeder a deposit for a puppy before the dogs were even bred. I signed a contract that states the deposit is non refundable unless she connot supply me with a puppy. Over time we sent emails back and forth and when the female was bred it was not to the stud that was supposed to be used. I expressed my dislike for the stud. After the puppies were born the breeder offered my deposit back in three separate emails. I said that I would like my deposit back and was told she would send it after she recieved the money for the puppies she sold. She asked me at that point to think it over one more time and let her know. After I told her that I definately did not want the puppy I did not hear from her for a while. When I asked her again when she would be sending my deposit back she told me she changed her mind. I made my decision not to take the puppy based on her telling me she would send my deposit back. (There were other reasons for me not taking the puppy such as she sent the female to be whelped in another state and the only picture I received was not very good. I asked many times for a better picture but she never sent any.) Can these emails be used in small claims court to void the original contract and get my deposit back since she offered it to me via email three times?

Small claims courts award monetary damages.
You can certainly take the matter before a small claims judge, present your case, the other party will defend, and a decision will follow.
If you prevail, then your work gets harder.
If you want to squeeze money out of that judgment, you'll have to track down the other party's assets, and pay a sheriff to levy against same.
Trust me, that ain't easy, especially when some assets are protected against levy.

Most judgment holders feel quite let down, because they never see a dollar of the award, after years of trying to collect from clever and slippery defendants..

 

[Betty3]

I don't know how much the deposit was for but even if you win in small claims court, the problem is collecting the judgment. It's easier to win a judgment than collect it (generally). You certainly can try small claims court though.