In January of 2010, we had a litter of puppies for sale. I was contacted by a Jessica Drebick regarding purchasing a puppy. The initial email I received from her is found below:
'I am looking for a wollie or medium length coat boy. No particular
type really. Just want a puppy. I had a mal awhile back that was the
best dog I had ever owned. I am trying to replace him which I know is
impossible but I can still try. :) If # 2 is availble I will send a
deposit on him. How much is it to hold him for me? Thanks,'
After weekly updates, it was time for her to come pick up the puppy. Below is the email I received.
'I was thinking about coming up there around 11 or so. I am going to
leave my house around 7 am. I want to be there early, I have to be at
work at 4 pm. So I'm going to come in the morning. But I can't wait to
meet him. [continued below]....
..... I wish I didn't have to work later but at least I can spend
the ride back with him. :) Can't wait to meet my little Kovu. I think
that's what I'm going to call him. Not sure. I got it off the lion
king. :) See you Saturday!. Oh by the way. What's your address?
On Saturday, January 29th, 2011, Jessica arrived to pick up her puppy named Kovu. I emailed her a couple of times after she took the puppy home to check up on him, but received no response. On February 18th, 2011, a friend pointed me towards a kennel on Facebook that had a picture of the puppy Jessica purchased up. Jessica's puppy was purchased under a no-breeding rights contract (which she signed and was witnessed by 2 individuals). She had 5 dogs listed on her Facebook page with pictures; Kovu, Meeka, Saska, Suka, and Macey. She descibed herself as:
'I am a small breeder of Akc & Aca Alaskan malamutes located in VA!
I breed only the best Malamutes to produced the best quality puppies available. If
You are interested in purchasing one of my pups feel free to contact me!'
She also listed the same phone number and email address along with her name that she had used to contact me. I messaged her on Facebook regarding the breach of contract.
Below is the coorespondence that followed:
The puppy you purchased from me was purchased without
breeding rights. You specifically stated you had no other dogs and were
not planning on breeding this puppy. I will give you the opportunity to
purchase the breeding rights for the additional $600.00 (or you can
return the puppy) or I will contact my lawyer. This contract has held
up in court so this matter should be taken very seriously. I am
disappointed that you felt the need to lie and am sad it has gotten to
this point, but I am more than willing to take it further if the
situation is not rectified.
If I do not hear from you by next Friday, I will file papers with the court.
Would you be willing to accept a trade? I don't have the
$600 and I will trade you dogs if you would like? I will return his
papers to you. I'm sorry. I feel in love with him and I don't want to
return him. I will not breed him. I also have his sister. Meeka is his
older sister. would you trade for on of her pups? She is aca??
I am returning his papers and giving him to a friend of
mine. I do not want a conflict. He will be fixed as soon as he turns 6
months, me and her agreed. I will send the papers back to you tomarrow
morning. Sorry for the conflict. The contract has not been breatched as
long as he is not bred. I have 2 other males and I don't need this
Jessica, that is also a breach of contract. The paperwork says he comes
back to me. You have until next sunday to make the return or I will
move forward with the suit. I am extremely upset that you lied to me.
Had you been honest, this would have been no big deal. I found it
extremely odd you did not return my emails after the dog was picked up
so I did a little digging and found this. I documented your entire
facebook page as proof you are a breeder and own other dogs. I take
placing these dogs very seriously and simply giving him to a friend is
not sufficient. Per the contract, the dog comes back to me. Like I
stated above, you have until next Sunday to bring him back.
No I did not breach contract he is not to be bred. She is getting him
neutred as soon as he comes of age. We can pursue this in court if you
want. I have read the contact and nothing has been broken.
I am not going back and forth. Fact is - you lied. I
suggest you take a very good look at the contract and what is posted on
our website. I have been through this once before and the judge sided
I will be pursing a breach of contract suit if the
dog is not returned to me by Sunday. By purchasing the puppy as a
breeder with the intent of breeding the puppy, you breached the
contract. Simply selling the dog to another individual (which again you
have provided no proof of) does not alleviate your breach of contract.
For all I know, you will use the dog even after you give it to her. I
have documented your Facebook page and have had other friends of mine
that you are friends with do the same.
I am giving you the
opportunity to make this right before I go public and pursue this in
court. You also stated you would return the papers on the 18th, which
have not been received. Since you live in VA, mail only takes 2 days.
It is just lie after lie at this point, Jessica. The emails and
Facebook messages prove that.
This is the last time I will lay out the options:
1. Pay the $600.00 for the breeding rights and keep the puppy.
2. Return the puppy to me
3. Provide me with a female puppy from Meeka of my choice no later than April 30th.
I am not a vindictive person, but I HATE being lied to. The worst part of
this is if you had been honest up front, we could have worked together,
so I am giving you this one last chance to do the right thing.
After the final coorespondence, Jessica refused to return any of my further communications. The paperwork was not returned to me as promised nor was the name of the new owner of the dog provided. Two weeks later, the Facebook Page registered as Wild Spirit Malamutes was removed.
In May, 2011, a new Facebook page surfaced under the name FreeSpirit Malamutes, also located in VA, also listing the same dogs in their breeding program (with the same pictures); Kovu, Meeka, Saska, Suka, and Macey. She is now operating under the name Melissa Ann and was advertising the puppies from Meeka's litter on Puppyfind.com. On her website, she used copyrighted photos of my dogs to show Meeka's parentage. She also has Kovu listed, though he is now a puppy of 6 months old. It is the same puppy that Jessica (or Melissa) purchased from my in January and she is advertising possible breedings with this dog. She has removed the copyrighted photos from her website, but refuses to produce the pedigree for the dog Kovu. Baby pictures of the puppy compared to current pictures clearly show it is the same dog. She is stating she got the dog from an unknown breeder in Georgia, but will not produce the paperwork, nor will she respond to communications. Clearly, this is a shady individual, who all buyers should avoid. Please email me for copies of pictures of both Facebook pages, messages, emails, and pictures of the dogs. I have attached pictures of Kovu and a picture of a sister from the same litter that we had. They have identical markings and facial structure.