Bad Hunt Cont.

[ARCAT]

You may remeber I posted last fall about a really bad elk hunt a buddy and I went on. Well, turns out the outfitter has filed suit against us. Even though we requested in writing a written contract and did not receve one, and even though the hunt was nothing like we were led to believe, we are being sued in CO, and must now hire a CO lawyer and defend the suit or lose. I am amazed that it is so easy for him to sue us and win just because we live in Arkansas and not CO. Our only recourse is to sue him for more money for our expenses here in arkansas, (file another frivilous lawsuit) and start a game of legal chicken. What a messs.

 

[Delw]

That sucks big time
so hang him this time.

Delw

 

[JohnSWA]

Wow! I remember the BS you went through! What was this guys outfit again? Maybe you shouldn't answer that question. This POS is probably monitoring this site and others. This @hole must be good friends of George Taulman. Birds of a feather. Sorry for your luck. Maybe we can start a hunters defense fund for the common hunter's plight against con artist outfitters!

 

[Washington Hunter]

I'm starting to think outfitting and any other commercialization of hunting needs to be outlawed. :BLEEP:

 

[BuzzH]

Never send an outfitter a dime without receiving a written contract outlining the expectations of both parties.

Lots of litigation is a result of poor contracts or a lack of one.

Second, there are lots of outfitters out there that arent too ethical, reputable, or even honest...buyer beware.

Another good reason to NOT hire an outfitter and just do your own thing. You may not bag your critters...but you wont be going through crap like this either...

 

[whitedeer]

Arcat....without a contract he has no basis to sue....have you contacted thw DORA in Colorado? Why will you not post this outfitter's name?

 

[ARCAT]

i'll post his name etc when this is settled. We are being sued, and have to defend ourselves. There is no contract, and the hunt was total BS. The issue is you can sue someone in another state, and you will win if they don't hire an out of state attorney and defend the suit. It really sucks.

I think we are going to launch a letter writing campaign, to every outdoor organization and conservation organization in the nation. Maybe we can at least let other hunters know about this shyster.

 

[Mountain Boomer]

Man that sucks....

All I can suggest is the next time you go with a "guide", tip him well so you don't get suited.... hump

 

[Tom]

I bet there's some people from Colorado here that can help you find a lawyer that will make him pay the expenses and something else. Good luck getting him!

The legal system is pretty different. Somebody asserts something in court and it stands as fact unless you assert something else. I bet there's a bunch of better business bureau people, newspapers, etc. to complain about this guy on.

It seems like you should get some damages. You had to travel there and all to find out it was not what he promised. You left when they repeatedly didn't do what they said they would. There was no reason to believe they would do right after repeatedly lieing to you. That's the story, right?

 

[JohnSWA]

It would be better to complain to the state Attorney General. The BBB is just an outfit people pay to be a part in. The AG usually gets the ball rolling. Good luck and keep us updated!

 

[Daniel in Ak]

that truly bites dude,sorry to hear that.

 

[ELKCHSR]

The BBB is just an outfit people pay to be a part in.

Now isn't that the truth....

Yep, they guy doesn't have a claim one because he has no contract, I didn't get to see the problems you had then because I wasn't on the board much at that time, or don't remember it, but you actually may have a pretty good case to countersue for what ever it was you were out because there was no contract....

Sorry to hear about this, it really sucks when you get wrapped into the legal system because others are unscrupulas...

Good luck

 

[Boman]

I understand your situation but I'm confused why you think countersuing is frivolous? The way I see it, you were wronged, he is sueing you hoping you'll blink and he will win. Countersue to recover ALL of your costs-traveling, time, money paid and your cost of hiring an attorney. If there is no contract there is no contract and he will lose. I'd contact the Attorney General and the Outfitters association. I can understand not posting the name yet, you don't want to expose yourself to more lawsuits. But when its all over I would. Good luck, this sucks but I really think you should go after him. I'll do some searching and see if I can locate an atty who hunts, maybe you could get a break on the cost. Get er done

 

[snake river rufus]

What, exactly, are the points of the 'outfitters' suit?

 

[Tom]

I'm thinking he claims he would do what they wanted, based on conversation, after he found out, so he's out the money they would have paid them, if he had done it from the get go. He lost money from them to pay for the lease/landowner access, whatever it was, that he had already put out, before they backed out.

It was a loose/loose situation as I remember it, the way it happened. The outfitter tried to rip them off, then he saw they were going to forget it and leave, so he changed his toon to try and make good on the promises, with more promises. Buy a promise from a liar for a few thousand bucks, right? He was an asshole, the outfitter.

The attorney general sounds good, get him in on it!!

 

[Elkgunner]

Yep, they guy doesn't have a claim one because he has no contract, ....., but you actually may have a pretty good case to countersue for what ever it was you were out because there was no contract....

Arcat,
Be careful taking legal advice from High School drop outs like ElkCheese. (Cheese, you truly are a dumbass, and you should keep your yap shut and not be dispensing information when you don't have a clue.)

Whether you like it or not, you DID have a contract with the outfitter, not a written contract, but you still had a contract. And within that contract there was a compensation amount. If you didn't pay the compensation, you are in breach of the contract. If he didn't deliver the "goods" promised, then the outfitter is in breach, and you have the right to file a claim on him for the goods.

If you didn't pay him, you should have expected some sort of follow-up collection activities.

As for the state where the suit is filed, the Outfitter is in business in Colorado, so that is where the laws governing his business are enforced. You can't expect a business to go around the country finding 50 states laws, courts, and such...

 

[Tom]

They got there, the oufitter didn't hold up his end of the contract. They said, we're out of here, end of contract as soon as the outfitter was in breach. They gave him a chance of a few days, as I recall, he lied to them.

 

[ARCAT]

Apparently we had an oral contract to pay for the hunt, which included a lodge (camper without heat next to mobile home) ranching for wildlife tag (general tag) only 2 hutners on preperty (4 bulls alaready taken) a guide (drunk brother) trophy hunt (no elk) huge private area (4,000 acres that was actively being logged while we were there, also bulldozer doing road work and building a new log cabin), and don't shoot anything under 330. Not in the oral contract was another hunter and guide on same property, knock on door of mobile home to us restroom, make your own coffee and breakfast in the am as they don't get up that early, use my truck to hunt out of as guide has ford ranger, see 4 cows in 3 days, no elk, no bulls, hunt 3 hours per day then sit in trailer and watch CNN with liberal owenrs of trailer.

i could go on and on, but we left, did not pay, and don't plan to.

 

[Washington Hunter]

I'm just wondering if there is absolutely nothing in writing, how can they file a lawsuit and how can they even prove that you had an oral agreeement?

Just deny that you were even there. Don't hire a lawyer, don't show up in court, don't go to Colorado, don't do anything. Other than maybe sending a letter to the court denying that you know anything about this and they must have got you mixed up with somebody else.

Damn, just tell them you don't even hunt, never have and never will. You're a vegetarian and a member of PETA. |oo

 

[WH's OutdoorsChick]

I'm starting to think outfitting and any other commercialization of hunting needs to be outlawed. :BLEEP:

Aren't you and Scott using a outfitter in September

you may want to ask a lawyer what he thinks....I would not just walk away with out doing the research before hand!!!

No written contracts, no proof. Was there any Email or mail correspondence at all?? Was there anything that he can prove you had a deal (recipts, any kind of cashed check, anything you may have signed that had something to do with this)

Like Gunner says you can counter sue the guy? I mean I don’t know if a judge who will allow the guy to collect when there is no proof in the first place. If he does take you to court, make sure you counter sue the guy for all your legal fees and the time and possibly traveling it will cost you to do this!


After it is done…Post the Outfitters name on here. We should start a Board that will allow us to list people & Companies who do us wrong….