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Civil Suit Nightmare! Advice Needed!

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wonder1975

Junior Member
What is the name of your state? Georgia.

My partner of 3 1/2 years split last month. An argument erupted, he tackled me to the floor and injured his knee. I tried to call the police, he prevented access to phone. Said he would say I assaulted him since he was the one injured. Long story short, I am out of the house with only 1/2 of my personal property. The other half and my 9 month old puppy are being held hostage. I filed a civil suit for the return of my property, but he is "obviously" avoiding service at home and work in two different counties. Each day he keeps pulling my chain, making demands, changing the "rules".

My name was not on the mortgage and there was no signed lease agreement. I have cancelled checks (paid one per month) showing there was a clear living arrangement and my mail was delivered at the house address too. The puppy was a gift. I am the registered owner through the county, listed as the owner with the vet and the Atlanta Humane Society, and listed as owner on the certificate with the American Kennel Club. Partner is also listed as owner on the certificate and has cancelled check showing he paid for the puppy.

Is this a case for Landlord/Tenant laws were eviction procedures apply? Does he have a chance at keeping the puppy? If he's not served, how do I prevent falling victim to the courts and allowing him to win.
 
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seniorjudge

Senior Member
I am the registered owner through the county, listed as the owner with the vet and the Atlanta Humane Society, and listed as owner on the certificate with the American Kennel Club.


Where, in your county, is dog ownership registered?

In any event, if you feel you have suffered dollar damages, sue in small claims for whatever amount you feel you have been damaged.

Will you win?

I don't have the slightest idea because I do not know all the facts.
 

tndoglvr

Junior Member
Are there any witnesses that heard your ex-partner state he purchased the puppy as a gift to you?

If you're having conversations, be careful, you might not want to engage with him at all. Witholding your property and changing the rules are methods of control, it could very easily escalate to other means of control.
 

wonder1975

Junior Member
seniorjudge said:
I am the registered owner through the county, listed as the owner with the vet and the Atlanta Humane Society, and listed as owner on the certificate with the American Kennel Club.


Where, in your county, is dog ownership registered? It's his rabies vaccination registered through Dekalb County.
 

wonder1975

Junior Member
tndoglvr said:
Are there any witnesses that heard your ex-partner state he purchased the puppy as a gift to you?

Yes, a mutual friend and former neighbor. I'm attempting to get a copy of the original application from the AKC with the breeder's information. I'm certain a former collegue of his was with him at the time of purchase. I am attempting to contact her to verify the information. The puppy was a birthday present given to me in Ferbruary. Even his ID tag around his neck only had my information as the owner from February until last month. There is the possibility that the tag has not been replaced.

If you're having conversations, be careful, you might not want to engage with him at all. Witholding your property and changing the rules are methods of control, it could very easily escalate to other means of control.
I have been very careful in what I say and do. Luckily, all conversations have been through text messages and e-mail, so there is documentation of everything. You can clearly see that I'm being calm/trying to resolve the issue and he has major control issues and can't keep his story straight.
 

tndoglvr

Junior Member
I'm currently involved in a case involving gifting of dogs (personal property as far as the law is concerned). I have a wonderful attorney representing me. Would be glad to share with you what I know, but prefer not to discuss on a forum as the case is pending. You can email me through my profile on this site if you would like.
 

wonder1975

Junior Member
tndoglvr said:
I'm currently involved in a case involving gifting of dogs (personal property as far as the law is concerned). I have a wonderful attorney representing me. Would be glad to share with you what I know, but prefer not to discuss on a forum as the case is pending. You can email me through my profile on this site if you would like.

I tried to send an e-mail, but your not set up to receive e-mails. Can you change your profile. I'm very interested in your experience! :)
 

tndoglvr

Junior Member
Expedited Process?

For some reason even though I've enabled email, the option isn't functioning properly. You can email me at [email protected], hope I'm not breaking the rules by posting email address here.

Does anyone know if in DeKalb County/Georgia there is a process to expedite action to gain possession of property? The law exists in Tennessee, of course there can't be any controversy regarding the ownership of the property. Maybe this would help Wonder1975 get her property back quicker?
 
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