Is it possible to sue a trainer?

[scottm21166]

I have a GSP I sent to a nationally known trainer. He had her for 6 months total and made an excuse to not be there when I picked her up and paid the remainder of the bill (to his wife)
The dog does not do any of the things I paid him to train her for. Does not "Whoa" on command (sits or comes to me instead)
Breaks point, and may even be gun shy NOW. When I took he to him, she already had a staunch point. I had trained her to kennel and heel on command and she came when called or I blew a whistle. He just needed to Whoa break her and get her to retrieve every time.
The guy won't take answer my phone calls and when I went to his place of business, His wife ordered me off the property and called the sheriff when I insisted on waiting for him.
What can I do?

[GRIFF MAN]

Small claims court is always a possibility but I would consult with a lawyer to do things right. Usually if you have a lawyer start the process the other party will want to settle things out of court.

But if not you always have court as an option. Just be careful on what you say to others about the case.


Good luck

[Whispering Hills]

It's possible to sue anyone for just about anything, if you have the determination, time, and resources. My opinion is that there are too many lawyers in the world and far too many disingenuous people out there supporting them.

I'm a professional trainer, so my reply is awkward, because I'm on both sides of the fence at the same time.

One side of me is angry at your trainer, IF what you say is true. He gives the profession a bad name, and for that reason I wish him a complete business failure so that he can't continue to damage the credibility of other experts who are honest and ethical.

The other side of me knows by experience that there is such a thing as unethical, dishonest clients who will try to take advantage of a trainer if given the opportunity. There are also those who will start an expensive field training program, and then abandon their dog rather than admit to the trainer that they can't afford to continue the training or pay the bill. I can honestly tell you that I've never had a client tell me they were anything less than fully satisfied with my work, so I've never been threatened with any legal action. I have however, been stiffed a number of times with bad checks, hunt test handling fees that were never paid, and abandoned dogs.

So, take my advice with a grain of salt, but know that I'm answering you objectively:

If you are a wise consumer, you signed a contract with your trainer that at a minimum specified what the dog was to learn, the amount of time the training would require, the extent and limit of the care your dog would receive while in your trainer's possession, the price for services, and payment terms. The contract does not need to be written in lagalese to be legally binding. If it contains both party's signatures, it is a legally binding contract.

If you did that, then you don't need a lawyer - you have a claim against a legal contract that small claims court will uphold in your favor. Your trainer will be found to be in breach of contract unless he can demonstrate (prove) that he fully performed the contract. Small claims and civil courts will always lean in favor of the consumer if the consumer shows that he acted in good faith and performed his contractual responsibilities (you paid as promissed). The only way your trainer could prove to the court that he did perform, would be to show the judge some documentation such as a hunt test title, or a video of the dog performing to the contractual requirements.

Can your trainer do that? If not, you win a judgement for your fees to be returned. If he doesn't show up for court, you win the judgement. Then you have the challenge of collecting the judgement. If he's a flake, you may never get your money back, and the only thing you can do about it is sell the judgement to a debt collector for a fraction of what it's worth.

If your money claim is within the limits for small claims (varies by state), use small claims. A lawyer and civil court will cost you more than you lost to your trainer, and in civil court you have the burden of proving your claim. If you lose, you still have to pay the lawyer and court fees.

Be very careful of this: Do not discuss specifics of your complaint to other people. If you do, your trainer might threaten to sue you for defamation.

I hope this is of some value to you.

Good Luck.

Jeff Jennings
Whispering Hills Kennels

[RangeViewKennels]

Scott,
Save yourself all the hassle and grief of court and bring the dog to us. We will fix it all….No Charge.
Yes, I said no charge. All you need to do is get the dog here. Call us.
Range View Kennels
719-339-4878

[TCJACK]

what happened with this dog. did he get fixed up?

[RangeViewKennels]

I have never heard from him. He made the post and never came back to the site after that.

[TCJACK]

well i think that offer to him was very kind! if you were closer you would have one of my dogs in your training program.