Have to Rant/Vent...I'm so Angry!!!

[Betrisher]

I think it's time to draw a line with this conversation. While we, as a community, are here to offer support and advice to one another, one thing we cannot do is advise upon The Law.

I feel for you, Amanda, and have no idea what I'd do if I were in your position. It seems to me, your only recourse is to hire a legal person and pursue the matter in court. No amount of advice from any of us here, no matter how qualified, will hold any currency, since none of us is qualified to offer it.

Weco, you seem to be endowing the mods here with super powers we simply don't have. Our work here is to remove spammers and to ensure that conversations don't get bogged down in argument. The site, its design and administration belong to an entity known as 'Admin', not 'the super moderators'. Our function is purely executive and voluntary.

Maybe our Super Moderators could seek out someone or several someones who might be interested in becoming forum members & offer relevant discussion dialog, rather than the rest of us hypothesizing about these things.....

No self-respecting or credible professional would dream of handing out advice or legal interpretation in a forum like this. The best any online forum can do is 'hypothesise' simply because we can only ever be a community of amateurs. This is not the place for professional advice!

I would strongly recommend that Amanda should seek her own legal counsel and pursue the matter through the courts. Any other course of action is liable to fail for reasons none of us could predict.

Your remark about the Baby Quaker thread appears to be a complaint about the Search function here on the site (please correct me if I'm wrong). I would like to point out that the forum is no more nor less than exactly that: a forum where views can be discussed and ideas shared. Any member can, at any time, take on the massive job of collating and indexing the years' worth of content stored here so that searching becomes simpler. If you're up for that task, then please send me a PM and I'll arrange for Admin to OK it.

The mods have recently been discussing ways in which things might be streamlined, however this is always going to be a difficult (and enormous) task because of the amorphous nature of online forums. Please be patient. If the Search function doesn't work for you, then perhaps a well-aimed PM might be a better option for you?

As always, if anyone has questions or concerns they can be addressed to any of our moderators. We are all committed to helping members in any way we can.

 

[Kiwibird]

I think Zilla is quite safe with you. After all vet records were released to the "new owner" (the very lucky YOU)! He can't just take her back because he so desires. She's yours now

And I hope Mr. "feeds my birds Pepsi because they like it" gets the rest of the poor creatures in his care removed before they die of what essentially amounts to poisoning!

 

[Anansi]

Maybe our Super Moderators could seek out someone or several someones who might be interested in becoming forum members & offer relevant discussion dialog, rather than the rest of us hypothesizing about these things.....

Hahaha! But Walt, at least 90% of what you'll find on any given forum is hypothesis, no? After all, for the most part aren't all the opinions we offer on this site merely our hypotheses based upon our experiences with our fids? I'd shudder to think that all such earnestly offered advice would be deemed irrelevant in anyone's eyes.

Further, I wouldn't actually classify Shirre's (getwozzy's) carefully researched quotes as hypothesis so much as stated fact. She merely quoted what Oregon law has to say on the matter.

Now, how said law might be interpreted as regards this particular situation is, of course, subject to the individual take of the reader, but that would be the case even in a court of law. Hence our need for lawyers, judges, juries and all the other varied components and offices of our judicial system.

That said, I would very much love to hear your attorney's likely well-informed take on the relevant articles of law so helpfully provided by Lady Shirre.

If I could, I'd offer you a couple of lens wipes, 'cause I don't think I intimated that she hypothesized anything and in a following post, I think I actually recognized her posting as being that of controlling Oregon statutes, with my notation on hypothesizing being made relevant to the forum's membership and not "getwozzy." Possibly it was the late hour or early hour, depending on your specific circumstances, that prompted your quick perusal of the various elements/replies of this thread, in which case I might offer a cup of Starbucks or glass of orange juice, as the situation might require, but again, I'm constrained by a pair of rather short arms, so could not complete such an offer, not having Super Powers to do so from such an extended distance.....

Have a nice day...Steven, isn't it ? ? ?

Oh, before I forget, maybe 45% would be hypothesis, with the remaining 45% being supposition.....

It's Stephen, actually, but close enough. Right pronunciation, wrong spelling, but we'll grade you on a curve, today.

As for the actual intent of your statement, perhaps you were were not quite so clear in your wording as you apparently believe. Owing, undoubtedly, to the late/early hour, depending of course on your own specific circumstances.

@Amanda: your mother's lawyer friend sounds spot on with his advice. I doubt he'll even have to get involved, to tell you the truth, as I believe that Zilla's money-driven, caffeine peddling former owner was just trying to bluff/intimidate you into giving up your fid.

But in the extremely unlikely case that he does try to take this further, the countersuit would serve as either a nice deterrent, or as a means for financing some extra new toys for Zilla.

 

[mh434]

Amanda, I actually doubt you'll hear from this clown again, so I suspect all of the foregoing is moot (I suspect he was hoping for easy money by browbeating you into giving Zilla back). As is common with bullies, as soon as you push back, they disappear.

As far as my advice was concerned vis-a-vis the threat of criminal action against the guy, as it happens, while I'm not a lawyer, I'm not a total neophyte. My suggestions were based on 30 years as a police officer & investigator, followed up by 7 years as an animal control officer (still a sworn peace officer). Obviously, the laws in Oregon will differ from those in Canada...but not much. Nonetheless, a proper legal search of the applicable statutes by a lawyer is always the ideal course.

I don't think that anyone here was purporting to offer actual legal advice, but rather, suggesting options in the event that there were ones you hadn't thought of yet.

Clearly, you're already on top of it! Personally, though, I suspect the guy will disappear into the woodwork, never to be heard from again...and Zilla will stay with her REAL mom in her wonderful new home!

 

[angels123]

i'm so sorry you are going through this it amazes me people that are in the bird business for profit only hang in there things have a way of working out

 

[horsesculpter]

You are absolutely in the right here and best for the bird. I come from a family of lawyers. Getting one to even write you a letter is going to cost him more than this other person(who has FINALLY raised the money? ) can possibly be offering. Maybe the scam was to keep reselling the poor bird this way? Keep strong. It has got to be a bluff.

 

[95talongirl]

OH my word......
What a d*ck!

I wouldn't worry; at all. You have a ton of medical evidence that Zilla was improperly cared for. This would just backfire on them... part of me wants to see them go through with the whole lawyer thing, just so they can get slapped in the face with animal cruelty charges. But then I also hope its all a bluff, because you have been though enough stress already.

Thank you for your dedication to Zilla. She is way better off in your hands. I would probably just block that a-hole's number.

 

[RainbowRose]

Wow just reading that got me REALLY angry, I don't know how you kept your cool. If you have the documentation you state you have, you are fine. His lawyer is going to think he's nuts. Plus you can ask him what he gives the birds (all the bad stuff) and then prove with the vet records that those foods were what was making him ill and that he is a bad owner and shouldn't be allowed ANY bird ownership!!!

Lock all those doors and keep your baby safe this guy sounds like a loon!! Ignore his calls, seriously. If he calls, hang up. If he calls again, hang up. He can't do anything unless he has a lawyer who will contact you (and if he isn't bluffing, his lawyer is gonna think he's nuts.)

If he calls you persistently, block his number. If he calls with another number, file harassment charges! You don't need to give back Zilla and you don't need to take his calls. You don't NEED to do anything.

Your bird is going NOWHERE. The nerve of that A******!!!!!

 

[Taw5106]

You did good standing your ground. I don't see that he has anything to stand on, he gave Zilla to someone and if they made the verbal agreement to return Zilla, well that's between them. I think he's trying to bully and instead of a bird sees dollars sitting on a perch. In fact he sounds like a flipper, a weird one but clearly doesn't respect animals. You've got proof of how you are improving her quality of life, stay strong. Please keep us posted, I want to see how this pans out.