Take Dog Back.

Question

So I bought a dog back in July and I didn't pay for her in full. I told the people I got her from I would pay for the rest of her by the end of the month, but then I became homeless, and then got another house. I just didn't have the funds to pay for her right away and I informed the breeder every step of the way and they said ok. Then after 8 months of me having her they said I owed WAYY more money then I originally did for the late fee charges. BUT I never signed a contract, and I asked the breeders to write one up but they never did, and so because I didn't receive a contract stating that if I didn't pay her off by a certain date there would be late fee charges. I told her I wasn't paying late fee charges so now they are taking me to court for the rest of the money I owe on the dog PLUS late fee charges AND they want her back. NONE of us signed a contract agreeing to anything, so I'm just curious if she can really get the dog back and make me pay late fee charges, or if I will just have to pay off what I originally owed on the dog and be on my way.

Answer

I cannot predict the outcome of any given case. If there is no written sales agreement, it may be difficult for a seller to prove what is due and when. It will be even more difficult to prove that interest is due or that there is a right to repossess an animal. Several states have already enacted laws which prohibit sellers from repossessing animals for failure to pay under leasing agreements. Under the terms of these agreements which include high interest financing plans, the purchaser does not own the animal until all payments are made. Many people may not be aware of all of these terms when signing what may be perceived as a payment plan. It is likely that more states will enact laws to ban these unscrupulous practices. Even when there is no such law, courts could decide that such provisions are against public policy and should not be enforced. I hope that your situation works out in the best interests of this dog.