Taxidermist divorced...closed business..has deposit

merc123 · Sep 12, 2012

A friend of mine had 3 deer taken to a taxidermist. He got a phone call by the wife that he had to come get his deer and he was out of luck on his deposit. Basically they were getting a divorce, he moved out with his girlfriend, and the wife is giving back all of the heads.

He's out $600 in deposits and also a race car wrap with the taxidermist's name (sponsorship - advertising) in exchange for one of the deer heads

I told him take it to small claims but not sure he has receipts that he actually paid. I would be the only witness for him saying he did pay.

SarahFair · Sep 12, 2012

I would think maybe the best thing to do is find other customers of his in the same predicament.

But I think hes pretty much out of luck with no proof other than his friend saying it happened.

Huntress · Sep 12, 2012

If he has his receipt she can't keep his money.

cuda67bnl · Sep 12, 2012

Huntress said:
If he has his receipt she can't keep his money.

If she isn't the taxidermist and didn't take his money, she don't owe him anything.

JustUs4All · Sep 12, 2012

There is a case for small claims. There are a couple of witnesses. The ex or soon to be ex is also a witness. The problem will probably come in collecting the judgment if one is secured. Before spending time and money getting a judgment, be sure the deadbeat has a source from which you can collect: property that can be seized or a pay check that can be garnished.

Huntress · Sep 12, 2012

cuda67bnl said:
If she isn't the taxidermist and didn't take his money, she don't owe him anything.

That is a grey line. They are married at the time.

merc123 · Sep 12, 2012

She was the receiver of the money. I believe she called him the evening I was with him and asked for the money. I went with him to pay to find out where the place was so I could take my deer if I ever shoot another one. She was the only one there along with her daughter. She took the money, gave him the receipt.

Da Possum · Sep 12, 2012

This could be a civil and a criminal matter; I would talk to the po po as well.

duckbuster · Sep 12, 2012

Sounds like he has a case for breach of contract in which i think he could recover the deposit plus whatever he spent on that wrap

cuda67bnl · Sep 12, 2012

Huntress said:
That is a grey line. They are married at the time.

Doesn't matter if they were married or not, if she isn't the business owner/partner. Merc123 needs to contact the husband, and see what he says. We all know how divorces go, and how vindictive spouses can be. It is certainly a civil matter though. Highly doubtfull the po-po will even take a report on it though. They have no interest in those types of things, unfortunately.

Milkman · Sep 12, 2012

cuda67bnl said:
Doesn't matter if they were married or not, if she isn't the business owner/partner. Merc123 needs to contact the husband, and see what he says. We all know how divorces go, and how vindictive spouses can be. It is certainly a civil matter though. Highly doubtfull the po-po will even take a report on it though. They have no interest in those types of things, unfortunately.

Exactly !!!!

Not to say this is the situation here or not, but the husband may have every intention of doing the right thing. She may have taken a restraining order or something on him and he cant come back to the place of business if it is where she is.

Sometimes divorce with things like the "girlfriend" mentioned causes women to do some crazy things. She may be trying to get him into trouble with the court and his customers.

Contact with the man doing the taxidermy work is a must in this situation IMO.

Huntress · Sep 12, 2012

cuda67bnl said:
Doesn't matter if they were married or not, if she isn't the business owner/partner. Merc123 needs to contact the husband, and see what he says. We all know how divorces go, and how vindictive spouses can be. It is certainly a civil matter though. Highly doubtfull the po-po will even take a report on it though. They have no interest in those types of things, unfortunately.

GA is a Equitable-Distribution State which means profit and debt of a business just like the other marital property. He said SHE took the money so therefor she was working the business just as he was.

Sorry if you got hurt in the past by someone but this is the way GA works. I have been there he wanted me to pay the debt but not get anything out of it, wrong he got the business and the debt all and that was fine with me.

Research it if you don't believe me. She owes the money back just as much as he owes the money back.

merc123 · Sep 12, 2012

Thanks folks. I'll let my buddy know what's been said. I already figured small claims court but doestn't hurt to get someone that may have experience

ga.farrier · Sep 12, 2012

I bet I know who your friend took his deer to. I got a call from her a month or two ago telling me the same thing. Mine was pretty much complete so I came out ok but it sounds like some people were not so lucky.

mshipman · Sep 14, 2012

i got a call she was wanting to know if i wanted to buy any of the supplies and tools but i haven't had a chance to go by yet.

GunnSmokeer · Sep 14, 2012

three comments

The wife may be liable or maybe not. We don't know enough information. Was he incorporated? Did he run a business as a partnership? Sole proprietorship? Was the wife a partner in his business? Was she sharing in the profits? Was she a paid employee? Or just helping him out as he pursued his hobby mostly for fun with a little bit of profit just to make it worthwhile?

If you want to sue, sue them both and let them respond. Maybe their answers will clear up the question of who is liable.

I wouldn't sue. This is an unfortunate circumstance, but they're not trying to rip people off. They're divorcing and he's ending the taxidermy operation, at least for now. They have a lot of other things to worry about, and they don't need you dragging them into court over this.

Can you get an out-of-court settlement? A partial refund that ends it once and for all so everybody can move forward and forget about this? Maybe some tools or sporting goods or furniture or something in trade for the money that they can't afford to return right now?

merc123 · Sep 14, 2012

GunnSmokeer said:
I wouldn't sue. This is an unfortunate circumstance, but they're not trying to rip people off. They're divorcing and he's ending the taxidermy operation, at least for now. They have a lot of other things to worry about, and they don't need you dragging them into court over this.

Can you get an out-of-court settlement? A partial refund that ends it once and for all so everybody can move forward and forget about this? Maybe some tools or sporting goods or furniture or something in trade for the money that they can't afford to return right now?

No partial refunds or anything. Also, it's not $20 or $30 here. We're talking close to $1,000 when you add in the sponsorship money for the race car wrap.

swamp hunter · Sep 14, 2012

Bet Your gonna Earn that $ 1000 all over again.

Quick , dont, start nothing till You,ve got the Heads back anyways.

Taxidermist divorced...closed business..has deposit

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