Be careful what you ask for

Sometimes things just aren’t worth fighting about.  Sometimes they are.  Sometimes lawyers fighting for you works, sometimes it doesn’t.  Only you–the Client–can decide. But before jumping in to “Sue The B@$t@rds” take a deep breath and think about things.

Let me illustrate with a simple story of how something can get blown out of proportion: The story as I hear it:

I.            You are moving so you ask a relative to take your pet;

II.          Then, once your move is over, you want your beloved pet back.

III.        They won’t give it back.

IV.         You want your rights!

What are your options: Well, if you sue you might have claims for breach of contract.  Client: Will you hold fluffy for a week until my move is over (benefit conferred) and then give her back (consideration)?  Relative:  OK.  (Acceptance).  Then the pet goes to relative.  (Part performance).  There is a contract.  You might also have a claim for conversion (theft) o9r fraud (if the pet was given and there was never any intent to return it).  There may be individual state laws that could apply.

All of these claims are expensive to prove.  Is the pet worth it?  A case like this can cost thousands of dollars and hours and hours of time.  Only you-the client- can answer that question. Worse, since it’s a relative who now has the pet, what about family relationships?  How will they be damaged?  Is all this worth it?  I don’t want to discourage anyone from pursuing their rights but sometimes “I’ll see you in court!” is not the best way to get the best solution.

If you aren’t sure, call me and we’ll talk about it.

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