Home Forums Hunting & Shooting Elk Hunting Advice for Taxidermist ripoff - pursue as Civil or Criminal matter?

Hi all -

Let me first say that yes, I truly screwed up. I let myself get taken and now have a firsthand appreciation for why some feel shame when they allow themselves to be victimized. It's a sick feeling.

In October 2010, in a rush of exuberance, I handed over my Colorado public land 6x6 and a $ 500 deposit to a Denver-area taxidermist without checking his references. After 35 years of hunting, this was the first time I had something that I really wanted to hang on the wall.

Twenty six months pass... numerous unreturned calls ... a couple promises that it will be ready in 60 - 90 days ... more unreturned calls. During my last telephone conversation with him a couple weeks back, he agreed to return my deposit and horns -- but wouldn't commit to a time for me to come by. "Call me next week." Now more unreturned calls.

I'm unsure whether I should pursue this as a civil matter in small claims court, file a criminal complaint against this guy with the sheriff or whether I should take it to the DOW? If he has knowingly sold my horns, is this a federal Lacey Act issue?

Please don't make the same mistake I did. It will make you sick. When you try to enjoy any memories of that hunt, you'll just get angry, sad or both. NEVER USE A TAXIDERMIST WITHOUT THOROUGHLY CHECKING REFERENCES. NEVER.

Appreciate hearing if any of you have dealt with a similar issue and have any insight on the legal aspects.

Either way, be sure your state doesn't have a short statute of limitations for this sort of thing.

Why not show up there talk face to face with him? Then if you can't get what you want call the police from his place.

Both good points. At this point I guess we are well beyond the courtesy of calling ahead.

I also shy away from confrontations where my temper might get the best of me. This is definitely a situation where that could happen.

Regarding the police, I read on another board that they and the DAs will not pursue unless they have clear evidence of willful fraud or evidence that my property has been moved to another location. I'm thinking that my best course of action is a summons to come explain himself before a magistrate in small claims court.

Police aren't going to do anyting. This is a civil matter. Basically what is known as a bailment.

If he has a store go over and ask for your property back. If its in his house don't go there because he could protect himself by claiming trespass. In that event, and if you live in the same vicinity, file a small claims suit if you want money damages. If you want the horns back you would have to probably file a suit in your local district court.

Police will make a report. Step one in building evidence for your case.

It also shows you didn't just jump to a court case.


Have a buddy that was in your shoes, its what he did and won.

22WRF - I agree with 99% of what you said. Thank you.

The 1% where I am not so sure: If a person wrongfully transfers animal parts in violation of any state, tribal or even foreign law, and that transfer spans an interstate boundary then I believe they could be criminally charged under part 3372 of the Lacey Act.

A taxidermist in colorado defrauds his clients,skips town with their animal parts and then sells them in Nebraska would be in violation.

http://www.fws.gov/le/pdffiles/Lacey.pdf

Hard to say whether the feds would actually prosecute. However I did see this article in the Denver Post today where a western Colorado outfitter was convicted and sentenced to jail under the Lacey Act for selling hunts to out of state hunters where the hunts illegally involved tree stands over bait.

http://www.denverpost.com/breakingnews/ci_22584561/colo-hunting-outfitter-fined-sentenced-prison

Clearly a civil matter

He doesn't posses the antlers illegally. You killed it legally and gave them to him to work on. Not a title 33 or Lacey issue

I wouldn't hesitate to go to where you delivered the antlers and ask for their return but only if I had a witness with me and could control myself.

Another option would be to have an attorney draft a love note to this guy and have it delivered via certified mail. Obviously more show than bite, but it might motivate the loser to return your property and deposit more quickly.

Yeah, but then your out another $250 to one of those damn attorneys.

Once again, this is a bailment - a delivery of goods to a bailee by the bailor in trust for the execution of some purpose. Its the same thing as taking your pants to the cleaners for cleaning, or your suit to the tailor for alteration, or your car to the repairman. The bailee is responsible for exercising due care toward the goods.

So far there is no "proof" that he had not exercised due care. What does the "CONTRACT" say?

If the police will do an investigation this may help. But if they make only a report without investigation the report is nothing but hearsay.

I HEAR people SAY you're a phugg'n ra-tard. Is that the same thing?..

you must have bad hearing.

Not a lawyer, but some advice I got once was to draft a registered letter outlining ones demands/desires. The closing sentence gives them 2 weeks to comply or one will pursue legal channels.

Do retain signed copies for your records.

It worked for me in an interstate bounced check deal where there was virtually little to no chance that the system could help at all. I lived in Oregon, received the check while standing in Idaho, and person writing the check was from Washington.

About 9 days later, we received a valid check from the party's girl friend.

Perhaps not, but 28 months is plenty of time to show that the intended purpose is not being executed by the taxidermist.

Well again, what does the contract say. Maybe the contract says the "intended purpose" was to have it done in 48 months. Who knows?

Don't know that many taxidermists put a promise date on the reciept. Verbally a guess is what I used to recall anyway.

Go down, meet face to face, just tell him you want your hide and antlers back and move on IMHO. If you get the deposit back even better but often you'll spend more trying to get less when it comes to legal issues.

But I do like the idea of the atty sending a demand letter and see if that gets anything going.

FWIW I've been waiting 2 years to get some birds into a taxidermist, but he's well worht the wait and if it takes a bit to get em back thats fine too, but I've never been in a rush on most everything in life.

You and I both know there's a very slim chance that a written contract exists. We can dance around hypothetical situations all day, but the reality is that 28 months is a more than reasonable amount of time for the work to be completed. The OP has plenty of cause to move forward with action against the taxidermist, unless a big piece of info is missing from this story.