Some advice please

[Dopey]

Absolutely refuse to speak to her anymore. Let her put her money where her mouth is and hire an attorney. From the sounds of it, she won't do that because it will cost her more than she'd make selling the bird. If she persists, tell her you're calling the SPCA on her and you've documented his condition. If you have any witnesses, tell her you have some and they will back you in court. End all contact and if you get harassing calls, report her to the police and they will deal with her.

Word of advice here....Do what minimaker suggests, document with photo's the condition of the bird and detailed notes of day of transaction/transfer....for any legal purposes...If push comes to shove, you
have proof.

I went thru a similar incident with an Amazon (vinney) that was in terrible living conditions....I would of up rooted their house and flipped the house upside down if they didn't give me the bird after paying for it....I'm no mr. nice guy when it comes to abuse of birds. I turn into Ndamukong Suh (Line backer from Detroit lions) when I see a bird in bad condition.

Please write down (or type) what you can as soon as possible. The longer you wait the more you will forget. Have all of your witnesses or anyone who was with you that day do the same thing. I know you think you won't forget but trust me...you will. Even if you have to make it just quick notes.

 

[jasper19]

Heisenburd
The way I see is that the woman is claiming to be the actual owner not the daughter. Therefore the daughter can't give away the bird because it doesn't belong to her. Did the woman say "are you are taking the bird" or "you can have the bird". This could make a different. Even through she handed the bird back she could say she was scare of you, your husband and friend and felt that the situation could turn ugly and didn't want any trouble.

If this woman can provide evidence that she is the actual owner and not her daughter. You could be force to return the bird. Evidence can be a receipt (proof of purchase)
Unless there is someone here who is giving you advice on the legal aspects of this situation an attorney. I would ignore what is being pass off here, has legal advice and actually go to an attorney and get professional advice has to what the law states for your circumstances. Then and only then can you ask the attorney to send her a letter demanding that she stops harassing you and/or start a case for the ASPCA to prosecute her.

The statement of Possession is 9/10 of the law is false. Mere possession alone does not grant the possessor rights in the property superior to those of the actual owner. This adage “possession is nine tenths of the law” is not a law but a logical rule of force that has been recognized across ages. Proof of ownership or purchase will win hands down each time.

Of course in each country and states there are different laws so by seeing an attorney you will know where you stand legally and I hope that this person will not pursue the matter and you can keep the bird. But I would clarify my position in case it does go to court.

Of course I'm not an attorney and this is just the way I see it.
GET PROFESSIONAL LEGAL ADVICE for the birds sake.

I believe that after 90 days the daughter and boyfriend could claim ownership of the bird. But seeing that it was only a month, this woman may have a legit claim on the ownership

no one here is claiming to be giving legal advice, the advice your giving is just the same with a different opinion.

Also if you give your dog to someone, and then they give that dog away....you have NO right to that dog. It sounded to me like the mother had given the bird to the kids at some point. Just because the animal was yours at some point in time doesn't make it always yours. If your not in the care and control of the animal, you don't get a whole lot of say what happens to it.

Like if someone stores some items in my garage, they won't come and get them over time. So i throw them in the garbage/sell them. you think they can sue me for their stuff? no, not how it works.

 

[Birdman666]

SHE handed you the bird! Just tell her to stop BS-ing you. She probably regretted that she didn't ask $$$ for the bird. I hate such people.

Exactly. If she handed you the bird, and knew you were taking the bird, then she consented to the placement. Good luck legally getting the bird back at that point...

Is she planning to take you to Court?

 

[minxydoodles]

Wow such a beautiful bird... definitely keep him and tell her she practically handed you him over and if she has a problem to hire a lawyer or go the authorities...
Defo get the bird checked out and have the vet write up any problems so you have a case against her and how the bird was treated. Any animal lover would not send him back to her

 

[Delfin]

to jasper19
My advice was go see a attorney, at no point did I say yes the bird is yours because possession is 9/10th of the law or the bird is yours because she handed it to you or it's a beautiful bird just keep it. I put forward what scenario's could happen. Also in court it's the evidence that counts not hearsay and proof of purchase is really good evidence.

In the first post IT STATES that the daughter and boyfriend had asked for over a month for the Mother to take HER bird back. THATS NOT GIVING IT TO THE KIDS SO IT'S NOT THE DAUGHTERS BIRD TO GIVE AWAY'. YOU NEED TO WAIT UNTIL AFTER 90 DAYS. In some cases you need to send out a letter telling the owners that they have 90 days to retrieve their property or it will be thrown out or sold.
So yes, if you throw out or sell their property prior to the 90 days they can sue you. That's how it works.


Birdman666
Just because she handed the bird back doesn't mean she consented to placement. She can say that she felt threaten and intimidated because she was out numbered. She said "you're the one taking the bird" That is not consent. the word TAKING has a different meaning to the word HAVE and different meaning when used in different context. (you can have the bird)

If this went to court the judge could say "first and foremost we wouldn't be here if the daughter hadn't given away a bird that wasn't hers to give away, judgement for the mother.

Again I advise that you go see an attorney to see where you stand in relation to this.
And by the way this is not legal advice like possession is 9/10th of the law or just keep it because she handed to you. You would receive advice from a trained professional who does this for a living. In fact they might give you advice to ensure that the bird is not returned at all.

I wish you and the bird all the best in this endeavour.