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.

I am not saying he doesn't have plenty of evidence to move forward with an action. But any person who moves forward with an action should thoroughly anticipate and be prepared for the arguments that the other side will make. The easiest way to do that is to put yourself in that person's shoes. If you are the taxidermist and you are being sued in this case, what are you going to say? First thing I would say (if there wasn't a contract) is that I didn't know there was a time limit!

The whole point of this isn't to lay the groundwork for opening statements in court. We're simply firing a shot across his bow so the taxidermist figures out that the OP isn't playing around. That's probably all it will take to get this matter resolved.

You and the taxidermist know that your opening statement would go down in flames if it goes to court. That's why he has no desire for things to go that far and you'd never take his case.

Good god! Just go down there and get your cape and antlers. They're yours so you don't have to be afraid of the guy.

Having had this same sort of thing happen to me many many times I have a feeling that a shot across the bow isn't going to do much good.

Knowning human nature just a little bit makes me think that if the guy is purposely refusing telephone calls, etc., he is past resolving this.

I don't know whether that opening statement would go up in flames or not. Depends on who was on the jury.

Be careful about going down there and getting your things. In a bailment situation a bailor doesn't have the right to just walk in anywhere and take property.

I hope that the OP is successful in getting back his property, and I hope he will let us all know when he does get it back.

Thank you all. Lots of good suggestions.

To clarify, I DO have a contract and the contract does say "6 months." The contract also indicates payment of deposit, amount due at delivery, etc.

I have no evidence that he has transferred any of my property across state lines.

I have also only found one negative review online -- someone who's been waiting for over two years for a fish. A string of similar complaints might show a pattern of fraud but that doesn't appear to be the case here.

I did call and leave one last very polite voice mail last evening telling him that I would be by Fri eve or Saturday morning for my property and deposit. If he has a preference on a time he can call me.

If I do not have my money and property in hand by Saturday I will be going down to the courthouse Monday morning to file a small claims suit over his breach of our written contract. I will pay the additional fee to have a uniformed sheriff's deputy serve the summons upon him. Roughly 30 days later he will have to come before a judge. If he fails to appear the judge will automatically grant a judgement in my favor.

If he does show up in court, I will have the contract as well my cell phone records documenting my attempts to contact him, photos of my elk, etc. I have no idea what defense or lies he could possibly try to feed the judge. He's in breach of a written contract.

Once I secure the judgement my plan is to post his name, the name of his company, and a copy of the judgement on every hunting and taxidermist board I can find. Generally a judgement is a public document, and the fact that it was granted is just that ... a fact. Thus I face no risk of libel or slander. I will do everything I can to make sure that any internet search of his name or business by a would-be customer turns up that judgement.

If he fails to return my deposit, I will assign my claim to a collection agency and let them hassle him. I'm not pursuing this for the money.

If he fails to return my property, I will file complaints supported by the small claim judgement with the sheriff's office, the DA, the DOW, the FWS, the State Dept of Revenue, the Co Secretary of State, Consumer Protection, the BBB and any other agency that might possibly want to ruin his day and remind him of what a low-life he is. Then I will consider hiring an attorney to sue him again -- but not in small claims court. Big league where he has to shell out for an attorney.

I learned a simple lesson from a retired USMC JAG a few years back that seems to apply here: If you take someone to court, think "SCORCHED EARTH."

Thank you again everyone. This has helped me clear my head and set a plan. I will report back.

First thing first - is there any PROOF the OP handed over $500 and the antlers? Like a photo and a receipt?

If not, any action will be difficult.

Had a similar experience many years back on a big WT. Take a calm witness with you and ask for your stuff back. If necessary, watch the place a little to be sure his is home.

The guy I was dealing with was not a crook, just a poor business man. When faced with a calm but resolute customer and witness he complied with my requests. Go prepared with a well thought out plan.

How did this turn out?

i would go to the place of business, but, take your most levelheaded friend and possibly a woman(generaly calmer) and ask what the problem is. had to do that with my moose after 18 mths. only problem turned out to be was the mans daughter had a horrific auto accident and needed extensive care that ate his time and energies. never know til you know.

I would think getting your antlers and cape back is valid. I suspect you won't get your full deposit back if he already paid to have the cape tanned. A smart business man would give a full refund though, just to save face.

A smart business man would have had it done in a timely manner. Even if he had to farm it out......

Two years is a pretty common backlog for some larger taxidermy shops. Never should have been quoted 6 months though.

Aw, heck, If you have pictures, just get a replica mount done.....Taking this goofball to court is going to cost you a fortune. Even if you win, There ain't no saying he even has the dead critter parts. If he don't, and you win a judgement against him.......He will probably just write it off....not worry about paying. The judicial system is so screwed up that it will do nothing about that. Guaranteed.

I would advise (Just my redneck opinion) #1: Get a replica mount made from your pictures if you just have to have the critter on the wall. #2: Give his address to your local chapter of PETA or some other crazies that will cause a problem...thus hurting his business. #3: Talk to your local chapter of the KKK.....They seem to like burning stuff.

Getting a replica elk rack made, and buying a cape will cost more than the original mount.

I imagine the taxi still has the cape and antlers.

Hard spot to be in...and you're probably right about the cost...I hope you're right about the cape and antlers .I wish the OP good luck.

Any update? Im curious to see how this one turns out..

Read all the replies to date. Some offer decent advice, some are just silly. I am NOT a lawyer but I am a police officer in NM. Here's what my advice would be:

You have called and left numerous messages with the guy and had promise after promise broken?

I would write the guy a letter, mail it certified, return receipt required and give him two weeks to return your goods and your deposit as he is clearly in breach of the contract you have with him. Promise that if he fails to return your funds and your property, your next move will be to issue proceedings in the small claims court and you will be claiming for loss of enjoyment of your goods, the return of same and your deposit (including interest on your funds) and the cost of your proceedings against him.

If the two weeks go by without a response, then do as you have threatened and go file your claim. Pay for the deputy to serve him (and claim that fee back too) then hope he fails to show up or conversely, hope that motivates him to finally return your items. If not and the judge finds for you, he will be ordered to make restitution to you and this judgement is enforceable, you just have to go through the hoops to make it so.

If you think your temper may get the best of you, you might also consider calling the local sheriff or police dept where the loser lives and asking them to do what is called a 'civil standby" or 'civil assist.' If they agree, they will simply stand by while you have a very short discussion with the individual and request he return your property. The cops may or may not standby, sometimes we will, even in the case of a civil matter like this.

If he has disposed of your antlers, then that is a different matter entirely. Dependent on whom you talk to, it could be construed as either simple larceny or fraud. I hope you get your items back and learn a valuable lesson in the process.

Jcbcolo: I feel for you - NO I mean it, I feel your pain!
I have been dealing with taxidermists for MORE than 50 years now - in fact the first creature I paid to have taxidermied was a Snowy Owl. Thats how long ago I began my often unsatisfactory relationships with multiple taxidermists in multiple states.
If I may relay just TWO of the MANY horrible experiences I have been subjected to when dealing with taxidermists!
About 15 years ago I was given, as a gift, from my Montana trapper friend a very rare and very unusual Super Blanket size black Beaver pelt. My trapper friend was in his 80's and I had been after him for about 30 years to save me one of the very rare black phase (1 out of 100 Beavers has black pelt) Beaver pelt when he got a nice one.
He had it skinned, fleshed and stretched and all I needed to do was take it to a tannery or a taxidermist to have it tanned.
I took it to a taxidermist in North Bend, Washington and they sent it to a tannery.
Months go by and I finally get a call to pick up my Super Blanket black (now tanned) Beaver pelt.
I tell them I will get it "tomorrow" - I show up the next day and the taxidermist is not there, but his wife is.
She gets the pelt and instead of it being the 65+ pound live Beaver sized Super Blanket pelt and coal black the tiny pelt she hands me is of Kit size and the color was between blonde and very light brown to boot!
I mean I thought these folks were playing a horrible joke on me and I explained the discrepancy to the wife and she shrugged and said it had been marked when I dropped it off and had the same number of holes in the trim of the "replacement" pelt.
Not only was I livid about the "mistake" that had been perpetuated on me I slowly began to realize I was being defrauded and I knew why - somebody at either the taxidermy shop (I am sure in my own mind this is where the switcheroo took place) or the tannery KNEW what an exceptional pelt I had and they simply stole it.
I contacted the tannery and OF COURSE the tannery blamed the taxidermist and the taxidermist himself who "remembered" my exceptional pelt blamed someone at the tannery.
Catch 22 - who to sue.
No one - I let both firms know what I thought of them and never darkened eithers door again.
My trapper friend has since passed away and I am black Beaver pelt-less to this day!
I am so angry right now just thinking about all the times I have been ripped off I won't even relay anymore of the MANY times taxidermists have duped me.
I will say this, that as of several years ago I got tired of the disappearing taxidermits and terrible work their alcoholic and drug addled "part-time" helpers put out that I seldom use taxidermists anymore!
And when I do it is for the simplest of work - like having my skulls cleaned by the Demastid Beetles process.
And on top of it all taxidermists charge what I believe to be EXCEPTIONALLY EXHORBITANT prices anymore.
My suggestion is forget the sheriff and the civil attorneys - just walk away.
Again sorry this is happening to you.
Hold into the wind
VarmintGuy

I shot a Boone and Crockett worthy antelope when I was 15 and delivered it to our local taxidermist to get mounted and scored. Not many lopers out there like this one after that huge winter kill in the mid 1980s.

The game & fish department shut him down when they did an audit of his business and he failed to keep tags with all the antler/horn sets. All of them were seized. Never saw my horns again. I called game and fish and they said if I had the exact measurements they might be able to locate them. Never got the score or measurements from the taxidermist so I was screed. My stepfather was a worthless POS who wouldn't help out, either. I was just a kid.