Morning all, It's been a month since I started down this road so I thought I'd give you all a "heads up" on how this is turning out.
I sent a demand letter to the defendant requesting return of monies for puppy minus the $25 rehoming fee, so $325. Did this last week, they have 30 days to respond and do so or I take them to SC in Garfield County, OK.
I found the original breeder of the Dame who birthed the puppy I bought, that took some serious legwork on my part. Tons of internet searches and AKC helped out too. Come to find out the Dame was registered, but not as a "full" registration from AKC but as a "limited". That's very important, Limited registration means no AKC puppies what so ever. You can breed your dog, but they can never ever be registered with AKC even if the Sire is Full registration, both animals must have full registration for them to be registerable.
I've talked with the original breeder and she has informed me she's willing to come to court to testify on my behalf and bring all of her email correspondance with the defendant that has been found to be totally untruthful with her. This will back up my Breach of Contract claim.
I have gotten the subpoena paperwork to get the original advertisement from Criagslist which states AKC puppies for sale, I have the reciept from the defendant of the sale of the puppy to me that is AKC, and I have the information from AKC about Full and Limited Registraton on top of a photographed copy of the Sire's paperwork and now the Dame's info from the original breeder.
Things are looking up, I'll be filing in the next couple of weeks now that I know for certain she can not register her litter and I can not get any thing from AKC for this dog. Of course if she sends the money back then I won't file, but I doubt that happens.
I'll keep you posted on what happens in the next month, whether I end up in court and win or whether the defendant pays. I also have 4 other people waiting to see what happens cause they are not happy either now that they know for certain their dogs can never be registered with AKC, one even bought a female specifically to make a "breeding" pair with their current Sire, boy that'll be interesting to see what happens.