Help Needed

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Help Needed

Postby christy on Wed Feb 24, 2010 1:45 pm

Hello my name is Christy and I have resently went threw a really bad divorce.Well Judge orderd me and my ex to sell all personal property.So my ex made it clear to the judge I have Parrots so he said I have to sell them because they are personal property.Is their anyone that has went threw something like this.I would rather die than sell my little angles.What can I do to get out of this.Please if theirs anyone thats been threw this tell me how you handled it.I am disable and my ex knowns I cant fake selling them and just give the money to the attorneys.I am just lost I dont no what to do.I love these little angles soo very much.I cant imagen my life without them and he knows that.Please any info would be so greatly app.And sorry this is a crapy way to meet someone for the first time.But hello everyone :cry:


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  • Re: Help Needed

    Postby christy on Wed Feb 24, 2010 1:47 pm

    I hope I put this in the right place I looked around and couldnt find anywhere else I thought it could go
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    Re: Help Needed

    Postby Bluesbird Exotics on Wed Feb 24, 2010 6:43 pm

    In what state was your divorce granted, Christy? Did you use an attorney? Have you already appealed the judge's order re sale of the parrots?

    One defense would be that the parrots have no appreciable market value, especially not in this economy. Would you tell me a bit about them? Like, how many of what types? Do any have health or behavior problems? I'll try to help you if you'll first answer these basic qxs.

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    Re: Help Needed

    Postby christy on Thu Feb 25, 2010 12:08 am

    Well I have 2 macaws and 2 cockatoos.The state is AR.And I dont no if I can appeal it.I do have a lawyer and hes not worth haven
    I am just floored and lost.I just cant belive someone would consider parrots to be personal property.I will be happy to answer any questions you have.I still have the birds with me now.But I am running out of time.So I hav to figure out something pretty soon.Oh and they are healthy and no problems I no about very sweet and loven parrots
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    Re: Help Needed

    Postby Bluesbird Exotics on Thu Feb 25, 2010 10:10 am

    I'm still grappling with market value. Are they large macaws and large 'toos or the smaller ones? The large ones have bigger price tags, but are harder to sell, especially in a down economy. The small ones sell faster, though for less money. Are they already sexually mature? Meaning, at least 7-8 years old if larger birds? Male or female?

    I'm thinking your best grounds for appeal of the judge's order is that sale of your birds would net so little money, especially after it's split between the two of you, that it's an unreasonable hardship. Part of the evidence would be the situation in your area with respect to abandoned parrots. What county are you in? I can use that info to learn how many macaws and 'toos are currently awaiting adoption near you.

    Did you ask your att'y today about filing an appeal?
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    Re: Help Needed

    Postby Bluesbird Exotics on Fri Feb 26, 2010 3:33 pm

    Christy, I've spoken with 4 organizations about your situation. The best idea I've gathered is that you determine the fair market value of your birds and arrange an agreement to buy them from the estate with part of the rest of the liquidated proceeds. I think I could help you with the first part, establishing their fair market value. That's why I asked what county you're in. Your attorney would need to arrange an agreement to buy them from the estate with part of the rest of the liquidated proceeds.

    If you still need help, post back here or PM me.
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    Re: Help Needed

    Postby christy on Sat Feb 27, 2010 3:10 am

    I live In a very small town in Ark. the macaws are a bule and gold and a Scarlet the cockatoos are a Umbrella and a Mobrella a cross from a umbrella and a mulucan sorry for the spelling.I have to meet with my lawyer today and I cant sleep for anything tryen to figure out what to do.And yes you are right I need to try to appeal this but what will my grounds be.Maybe I can prove how hard it is on the birds to be put in a differnt home with differnt owers like depression things like that..I have even tried contacting peda for info on how hard it is on birds to be placed in differnt homes and how people dont understand how hard it is to take care of them and most ppl dont no how loud they are and messy so then the birds get miss treated and their health goes to pot.they arent breeding age so thats a pluse.Does any of that sound good. Or even right.These birds have been togther their hole lives.The cockatoos have always been in a cage togther and so have the macaws.I dont think they would make it without each other.Even when I just take one out of the room the other starts screamen for him to come back so I end up taken them both at the same time lol so ther both happy.And the cockatoos are the same way.I have had these birds sence they where around 3 weeks old each they where rasied togther.I could just go to jail but then they would still make me sell them.I guess I will just try for a appeal.I just hope and pray it works.Their isnt a market for parrots here where I live .The closest town to me that theirs a small market is Little Rock and its 3 hours away.My biggest fear is that someone will get them with no big bird exp.And they will be mistreated.I guess I am just rambling on and on but I just really love my birds.And it seems like everytime I come up with a way out of this mess I hit a wall on the other side.Thank you Bluesbird Exotics for all your help keep up the good work.Its just my ex will do everything in his power to make me sell them just to hurt me even more.LOL and hes the one that wanted the div .ok I will shut up now and try to get some sleep.Just keep thinking and asken everyone you no thank you so much.Like I said I am disable so money it very very tight and these poor birds have already had to move with me 3 times.Now finaly I think we are in the right home thats ours .we all need to find a way to make a law against this.Our loving pets shouldnt be considerd personal property really .They are family members .I would have thought where would have already been some kinda law protecting them.
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    Re: Help Needed

    Postby Bluesbird Exotics on Sat Feb 27, 2010 7:59 am

    Bluesbird Exotics wrote:... The best idea I've gathered is that you determine the fair market value of your birds and arrange an agreement to buy them from the estate with part of the rest of the liquidated proceeds. I think I could help you with the first part, establishing their fair market value. That's why I asked what county you're in. Your attorney would need to arrange an agreement to buy them from the estate with part of the rest of the liquidated proceeds...


    This plan does not involve any argument that the birds should not be sold, only that instead of selling them, you will pay the ex his half from the proceeds of what you make by selling the rest of your things. Then you provide evidence of how little resale value they have in today's market, so the amount you need to pay the ex is as little as possible. And the birds will be all yours!

    One idea that I doubt applies in your case is an appeal if any of your birds has been specially trained to serve as a "therapy" bird essentially to assist you since you're disabled, as a guide dog would a blind person. I'm sure you would have mentioned if that were the case.

    The courts cannot consider emotional hardship to you or the birds. The rationale is that what was bought must be sold to make your settlement. Do you mind telling me, in a PM, what you paid for the 4 birds and their cages and playstands and how long ago you bought each one? Those are the figures your ex will likely tell the court they're worth, so it's what we're working down from in our effort to document that the market has changed dramatically since you bought them. I've got a busy day starting fast, so I can't work on this until tomorrow, which is my birthday, so it's gonna be busy too, but we'll get there.

    Good luck with the attorney.
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