Friend seeking to take my dog?

[OddGod]

I wasn't sure what section to put this under. Please direct me to the appropriate section if this isn't it?

I'm from New Hampshire. I have a friend that I formerly lived with. She wanted to buy a dog for our apartment. She offered, since she was already financing her dog, to finance two dogs instead so they could keep each other company. The other dog, "Teddie" is mine, she gave to me. I told her I would try and pay her back over time if I could. We are now no longer friends and she is seeking to take the dog from me unless I pay her for the dog in full, or sign an agreement to pay it over time.

The dog is registered under my name, living with me, I feed and take care of it, including veterinary visits. How true is possession is nine-tenths of the law? Can she legally seek to take my dog since it's financed under her name? I'm not a jerk, she owes me money as well, but I can do nothing that would prove it in my scenario, and not paying for this dog would make it even.

Since the dog has been in my care this entire time, does she have a legal right to the dog because she paid for it anyway?

Thanks in advance.

[debtcollector`]

With all the pups at the pound, you financed a dog?

You need to either pay for the property or return the property.

DC

[OddGod]

No, I didn't. She did. I am not looking for comments on who you feel is right or wrong, I am looking for advice on what legal rights she has vs. I have. She owe's me $1400 in rent. I owe her $800 for the dog. She doesn't care about the rent cause her name isn't on the lease. But, I'm supposed to pay for the dog. My name is not on the financing information anywhere. I didn't buy the dog. She gave me the dog. I, out of appreciation offered to pay some money back when and if I could.

But now, since the dog's financing is under her name she is seeking to take the dog.

I am going to be in the hole $1400 and have no dog or $2200 and have a dog. I rather have a dog and have her paying me back the the difference of $600. But, she is mad at me for some juvenile crap. I figure best case scenario, I never get paid back, she never gets paid back, and I don't lose my damn dog who she doesn't want, but wants to take away just to upset me.

Anyway, I am looking for legal advice, not people just giving me crap on the morals of the situation. I already know where my moral compass is at. Thanks.

[longsally111]

OK, how does she owe you 1400 for rent? Was the apartment in your name and she lived there? That is easy to prove in a court of law. Tell her ( do not e-mail or put anything in writing) that she can sue you for the dog and prove that you owe her the money and make sure she knows that when she does, you will be counter suing for the unpaid rent where she lived with you without paying. You have to prove she resided there and she would have to prove to a judge with receipts, cancelled checks etc that she paid you. I do have to say though that if someone paid to finance an animal for you which can be very expensive with interest, I would sue for it. Good luck

[debtcollector`]

Originally Posted by OddGod

No, I didn't. She did. I am not looking for comments on who you feel is right or wrong,

I don't care about right and wrong. I don't have a dog in this fight. -- pun intented --

Originally Posted by OddGod

I am looking for advice on what legal rights she has vs. I have. She owe's me $1400 in rent.

Great take her to court and prove it.

Originally Posted by OddGod

I owe her $800 for the dog.

So pay for the property or return the property. Those are the only legal options available to you.

Originally Posted by OddGod

She doesn't care about the rent cause her name isn't on the lease. But, I'm supposed to pay for the dog. My name is not on the financing information anywhere. I didn't buy the dog. She gave me the dog. I, out of appreciation offered to pay some money back when and if I could.

No. If you owe her $800, she didn't give you the dog. The contract may be verbal, but you owe her $800 -- you just proved it.

Originally Posted by OddGod

But now, since the dog's financing is under her name she is seeking to take the dog.

No, she wants the dog because you haven't paid for it. You need to pay for the property or return the property. -- beginning to see a pattern here?

Originally Posted by OddGod

I am going to be in the hole $1400 and have no dog or $2200 and have a dog. I rather have a dog and have her paying me back the the difference of $600. But, she is mad at me for some juvenile crap. I figure best case scenario, I never get paid back, she never gets paid back, and I don't lose my damn dog who she doesn't want, but wants to take away just to upset me.

That is silly. You don't get to make determinations of offset. If she owes you money, you need to pursue that. But you cannot take her dog and refuse to either pay for it or return it. That is called theft. One of the attorneys on this can speak to whether or not you could face a criminal complaint; I doubt it -- you should be considering all the options as you escalate this dogfight.

Originally Posted by OddGod

I already know where my moral compass is at. Thanks.

Like a broken clock, it works but twice a day.

Return the property or pay for it. Those are your only options.

DC

[annajosie]

why not give the dog to debt collector!!!

I believe he collects them from deadbeats (just kidding)

[OddGod]

Originally Posted by debtcollector`

I don't care about right and wrong. I don't have a dog in this fight. -- pun intented --



Great take her to court and prove it.


So pay for the property or return the property. Those are the only legal options available to you.


No. If you owe her $800, she didn't give you the dog. The contract may be verbal, but you owe her $800 -- you just proved it.


No, she wants the dog because you haven't paid for it. You need to pay for the property or return the property. -- beginning to see a pattern here?


That is silly. You don't get to make determinations of offset. If she owes you money, you need to pursue that. But you cannot take her dog and refuse to either pay for it or return it. That is called theft. One of the attorneys on this can speak to whether or not you could face a criminal complaint; I doubt it -- you should be considering all the options as you escalate this dogfight.


Like a broken clock, it works but twice a day.

Return the property or pay for it. Those are your only options.

DC

Simple question: Do you have any legal background at all? Or just a sarcastic jerk trolling forums?

You say I took her dog. I said, I would pay her back if I could. She was the one that originally told me it would be unneccessary. I was just trying to be a good guy about it. I am still making payments. But she wants a full pay off, or for me to pay more a month. Neither of which I can do. The original agreement was that she was just giving me the damn dog.

That last bit of information is for anyone out there useful. For you, I just want to know if you have a use? Do you base anything you say off of actual knowledge? Or just here to tick people off that are in troubled scenarios? It's sad. I suppose anyone with any real knowledge would be getting paid for it anyway. Maybe these forums are a mistake.

[las365]

Well, God,

She has the legal right to sue you for payment for the dog. She would need to prove that there was an agreement in which she bought the dog and you were buying it from her but have not paid the entire amount due. She may or may not be able to "accelerate" the full amount due if you agreed to a specific payment timetable.

To defend her suit, you would need to provide credible evidence that:
1. she gave the dog to you as a gift; and 2. that your agreement to pay her for the dog and your repreated admissions that you owe her money for the dog don't discredit your assertion that the dog was a gift; or 3. that you have not breached your agreement and the payment plan should continue uninterrupted until she is paid in full.

You have the legal right to sue her for the alleged rent she owes. In order for you to prevail in a court, you would have to prove that she owes you rent.

By the way, if you treat your dog as poorly as you treat people on message boards, you should let her have it back. You are really being a jerk to debtcollector, who offered you good information.

[OddGod]

Originally Posted by las365

Well, God,

She has the legal right to sue you for payment for the dog. She would need to prove that there was an agreement in which she bought the dog and you were buying it from her but have not paid the entire amount due. She may or may not be able to "accelerate" the full amount due if you agreed to a specific payment timetable.

To defend her suit, you would need to provide credible evidence that:
1. she gave the dog to you as a gift; and 2. that your agreement to pay her for the dog and your repreated admissions that you owe her money for the dog don't discredit your assertion that the dog was a gift; or 3. that you have not breached your agreement and the payment plan should continue uninterrupted until she is paid in full.

You have the legal right to sue her for the alleged rent she owes. In order for you to prevail in a court, you would have to prove that she owes you rent.

By the way, if you treat your dog as poorly as you treat people on message boards, you should let her have it back. You are really being a jerk to debtcollector, who offered you good information.

Don't worry. I am nicer to my dog. Thanks for the info.

[Grayson]

Originally Posted by OddGod

We are now no longer friends and she is seeking to take the dog from me unless I pay her for the dog in full, or sign an agreement to pay it over time.

Since you want to keep the dog, why don't you just sign the agreement?

[OddGod]

Originally Posted by Grayson

Since you want to keep the dog, why don't you just sign the agreement?

She wants to change the payment amount to double what I am paying. Our original agreement was what I could afford, and not it's what I can't.

[JustAPal00]

You owe her $800 for the dog. She owes you $1400 for back rent. These are seperate issues and do not concern each other. You could offer to reduce the back rent to $600. If she refuses, you will have to sue her for the full amount of the back rent, provided you have proof of what she was supposed to pay. Where the dog is concerned, she can prove that she paid for it, and she can probably prove that you agreed to pay her back for it(since you admitted it on here). If she sues you she very easily could win. If she does, you will be ordered to pay her and she will still owe you $1400. If she doesn't pay you, you can turn her over for collections, but you will still have to pay her for the dog. If you don't she can turn you over for collections. Hope this was clear without sounding mean. I love dogs to and if you're attached to it I understand not wanting to part with it.

[Ladynred]

So, if she sues you for the $800 dog, you can counter-sue her for the rent. If she doesn't have proof that the dog was NOT a gift, and you have no proof that it WAS a gift, then you leave it for the judge to decide. If YOU can't prove that you had any arrangement for her to help you pay the rent - you're not going to win since her name wasn't on the lease.

This whole thing sounds like a case for Judge Judy

[Shay-Pari'e]

Actually, she may very well be able to prove it was not a gift. This guy has admitted to making payments, and she may very well be able to prove that. Unless he has something in writing for the rent, he has no chance at it.

[OddGod]

Originally Posted by Shay-Pari'e

Actually, she may very well be able to prove it was not a gift. This guy has admitted to making payments, and she may very well be able to prove that. Unless he has something in writing for the rent, he has no chance at it.

She's on the lease. I've made continuous payments. If she decides to not admit to the payments to get me to pay more, I feel it will look like exactly what it was initially intended to be, a gift, because who lets someone go 8 months without payment? If she does admit to the payments, then she can't claim I owe the full amount for the dog if I already been paying.