i need advice..cockatoo ownership battle!!

[bree]

So this might come out super long but I am in need of some legal advice!
Okay here we go...
9 months ago I met a lady and she needed someone to foster her umbrella cockatoo T-bird. She was going through a rough time her landlord sold the house so she had to look for a new place to live with t and her kids. I agreeded that i would foster im from december to spring and said a contract should be in place but she insisted it was okay so no contract was made( kicking myself in the butt now!). I only agreed to take t bird if she supplied his food and she visited him often and only till spring...
None of that happened she bought one 3 lb bag of zupreem once in the whole 8 1/2 months I had him and only came to see him 2 times! Never contacted me about him I was the one who would try to talk about t bird but her mind went elsewhere...
she's not a very good owner to start with, she fed them kitchen food like pasta chips bread and whatnot neglected him and only showed interest when someone else did his cage was filthy and no toys. I made multiple attemps to tell her he has to go back but I got "I can't the new landlord wont let me have him" "do you want me and my kids to be homeless?" She found a house 2 weeks after I got him knowing she owns an umbrella cockatoo but she found one that wont accept him? Oh I was furious!!
T-bird is a difficult cockatoo, he screams bites and no matter what I did he was never happy, I just couldn't handle him and begged his owner to take him back from january till may but got the same replies! Well I had enough of her using me so one day and enough of the stress I called and said come get t bird NOW! He is your responcibility not mine either you come get him now or he is gone. She kept givving me excuses 4 hours went by so I said screw it and told her t bird is gone don't ever contact me again. She never once said I want my bird or where is he going, she didn't even come to my house and I live liteally 15 to 20 mins away! But she did proceed to say she is going to sue me and make sure I go to jail, she was trash talking and the whole bit...put up on the internet how I abuse and neglect birds and feed them dog food? She put my full name and my parents names up their too slandered my whole family and put my private information all over the internet. and tried to say I stole her bird? When in reality she clearly abandoned him! I have 15 letters from friends and neighbors around me about the situation and clearly say she abandoned him. She wants to take me to court but she had no bill of sale he has no band or nothing she's only got a few pictures when I on the other hand have a bazillion! What are my legal rights in this? Any advice is is greatly appreciated!

 

[MarciaLove]

I have no idea on your legal rights but sounds like if it goes to court you will be fine and if anyone gets in trouble its her! Im so sorry you had to deal with this I hope someone can give you some advice good luck with this!

 

[SandyBee]

I would think you are fine, is any of this back and forth in emails?
Save any scrap of documentation you have, but chances are she won't follow through. She coyldnt afford proper housing or food I doubt she'll come up with court or lawyer costs. Do you have any vet receipts?

 

[weco]

I don't think anyone around here can give legal advice, but I have represented myself and my company in small claims court, where many jurisdictions have a $5,000 limit and others go up to $15,000.....

If I was confronted with the same situation, I would...

1. I would document, write down the original agreement (without embellishing), as I understood it to be. If there were any witnesses to this verbal agreement, I would ask them to write out a statement of what they remembered of the conversation/agreement. While I have usually had to testify to any written statement, the written statement I usually write the statement If I think there is going to be any difficulty with a verbal agreement, and I ask any witnesses to do the same.

2. I would probably list in my statement how I met this person and after our verbal agreement, whether they brought the bird to me or whether I picked up the bird. If I picked up the bird and I had anyone ride with me, I would probably ask them to write out a statement, but if the witness was less than 16 years old, I'm not sure I would worry about their statement, but I would get any written statements notarized, to be sure they were legal.

3. Next, I would write down exactly what I did/do for this bird each day. Describing my experience caring for companion birds.

4. I would make a list of expenses I incurred while keeping this bird.....but because I also had/have other birds, I would divide the total expenses for the birds accordingly.

5. If had taken the bird to the vet, I would make a list of every time we went to the vet, what the round trip mileage was, how long it took me from my house, to the vet, at the vet and back to my house and attach the vet's bill, if there was any. In my expense list I would probably list $0.50 per mile.

6. I would call any local veterinarians and ask what they would charge for boarding this bird and ask them to send you an E-mail of those charges...if they don't board birds, I would ask what their dog boarding fee is. I might also check with any pet stores to see if they board birds and what their prices are.

I've learned that any agreement needs to be in writing, but I have been known to do favors that came back to bite me, but after the first time I took someone to court, every time after that...where I represented myself or my company in small claims court, it became easier and easier, but I had all my facts and figures ready.

I've never had anyone try to slander me, but I'm not sure I would try to argue my position on that, figuring my lawyer would be better suited for that, however, if someone took me to court over the above, I would ask for a restraining order, order of protection or whatever it would be called where the case was filed.....that way, including/requesting it as part of that action, I would not have to pay the court filing fees (which has gotten to be over $200 in many jurisdictions). I probably wouldn't have to pay a service fee for the sheriff because the judge would probably grant it right there in court, in front of the other party.

Actually, I might get the jump on the other party, by sending them a bill, for boarding, all food & any other expenses I might have incurred and send that certified mail, with a return receipt, so I could attach their signed receipt to my copy of the bill I sent them.....that way if they decided to try sending the police to get the bird, I could argue that the bird was being held as collateral against an unpaid bird care bill.

Magistrates or small claims courts are set up for these types of problems.....

You know, I might even call the police/sheriff and complain about someone harassing me & my folks and see what they've got to say.....

 

[SoCalWendy]

Bree:

I wouldnt do anything from a legal standpoint, except, if you have proof of the is slandering you can send her a cease and disist letter for the slander. If she takes you to court, she has to prove her intent and really what do you have to lose, her bird, the one you want her to take back? Most of the time the court will allow the parties to try and settle it before you see a judge. Bring said bird with youmand give it to her. Trust me your her bird slave, she isnt taking you to court.

If you do anything you should give her a "REASONABLE" amount of time, in writing, sent certified return receipt so she has to sign for it, stating the bird will be removed with in a certain amount of time (2 weeks to 30 days) You have been very reasonable so far, but not in writing. Give an exact date so there is no misunderstanding. After that date state to her what you intend to do with the bird, sell it, give it away, rescue, etc.

Once she gets the letter, it's all spelled out for her, she either complies or sufferers th consequences. I would have no contact with her other than, when is she coming to get the bird?

You probably will not recoup any expenses you have incurred unless you want to take her to small claims court. Then you can do all that Weco suggested, which are really good suggestions by the way. If not then caulk it up to experience and never do business without a contract.

 

[BeakFace]

Where is the poor bird?

 

[MikeyTN]

To add on to SoCalWendy's post, you should have the letter notarized (Your bank should do that for free) prior to sending it to her certified letter! I have personally written numerous legal documents like that and had it notarized and sent via Certified mail. There's no way she can decline it afterwards. Always make sure you document everything, every single e-mail there is! I personally wouldn't be as nice as you doing it so long for free like that unless I knew in advance what I was getting myself into. Good luck to you!

 

[sonja]

BeakFace, I was wondering the same thing. Where is the bird?

 

[bree]

Thank you all for the tips! Weco you have some good ideas
T bird is gone now I bawled like a baby but something had to give:'( he stressed me to the max! He wasn't an ordinary male cockatoo... his owner knocked him in the head with logging boots to many times! I know because in my home her husband put his foot with logging boots on in his cage and proceeded to corner him and kick him inside the cage when he squawked, I yelled stop and she said he's used to it maybe he should squawk. Horrible owner! He was the sweetest thing sometimes but he has more bad days than good. I am not experienced in his problems because they were so sever and is wasn't going to let him suffer because I can't properly fix what he has gone through:'( So he went to a good experienced home he's getting a little better im going to see him tomorrow. I will never do it again without any kind of contract!! I was just helping this lady out she seemed like a good person till i actually got a little more into their family...When I came across rio I made dang sure that their is a written contract signed and dated from each party!! Once again thank you all for your advice!!! It is very much appreciated!

 

[bree]

Weco, I can actually send her a bill? I have all food toy and a new cage receipt?