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When is a animal considered abandoned?

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Tsukimoon

Junior Member
What is the name of your state?GA but the case will be according to Californa law.

I agreed to buy a bird from my sister...the bird had too much dust and it made my daughter ill...sister was told to come back and get the bird....she agreed to but everytime she made an excuse why she could not take the bird....6 months later I sold the bird on the premis she did not want it back and basicly abandoned the bird. She now thinks I should still pay her for the bird. What is the law on how long after being told to get an animal and agreeing to but never coming to get it?
 


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seniorjudge

Senior Member
Let me get this straight:

You kept a bird for six months and did not pay for it and did not return it but sold it to someone else.

Is that correct?
 
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Tsukimoon

Junior Member
I did not owe her for the bird anymore she said she wanted it back. Everytime she was at my home she made an excuse as to why she could not take it...she was the one picking up the bird to take home. I was not returning it physically to her. I just wanted to know that at what point did the bird become abandoned when she would not take it with her?
 
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seniorjudge

Senior Member
Tsukimoon said:
I did not owe her for the bird anymore she said she wanted it back. Everytime she was at my home she made an excuse as to why she could not take it...she was the one picking up the bird to take home. I was not returning it physically to her.
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Okay.

If you will not answer those questions, answer these:

Did you own the bird?

Did you pay her money for the bird?

I haven't seen any "abandonment" anywhere in your posts: What are you talking about?
 
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Tsukimoon

Junior Member
I hope I have answered the questions

I no longer owed for the bird

The bird then belonged BACK to her but she would not take it home and the bird HAD to go

My daughter has cystic firbrois the bird dust was giving her lung bleeds I had to keep her and the bird on seperate floors

When see did not take a bird that belonged to her home then did she technicaly abandon the bird?
 
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seniorjudge

Senior Member
Tsukimoon said:
I hope I have answered the questions

I no longer owed for the bird

The bird then belonged BACK to her but she would not take it home and the bird HAD to go

My daughter has cystic firbrois the bird dust was giving her lung bleeds I had to keep her and the bird on seperate floors

When see did not take a bird that belonged to her home then did she technicaly abandon the bird?
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I can't tell from your answers who owned what.

However, nowhere is there anything that shows that the bird was abandoned; you were taking care of it.

Sorry I couldn't help.
 
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Tsukimoon

Junior Member
Perhaps then you have answered my question...even though the bird did not belong to me and the person who owned it did not after 6 months get her bird...then to be abandoned it has to be neglected?

What am I trying to ask then? AFter 6 months the owner of the bird ( my sister) left her bird at my house after repeated attempts to get her to take it home did the bird at some point then belong to me to do with as I wished?
 
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seniorjudge

Senior Member
Q: did the bird at some point then belong to me to do with as I wished?

A: No, if it was still her bird. (You have yet to give me a straight answer on who owned the bird.)
 
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Tsukimoon

Junior Member
I am not trying to hide anything I guess I am confused

My sister owned the bird

My sister would not take HER bird home to her house where a bird that belonged to HER should be

So basicly you are telling me that even though I could not get her to take her bird home that she kept saying she was going to take home so I would have been better to just throw the bird out in the street I guess...when it is family you try to be nice and here this bird was killing my kid and because she would not take it home I coudl not get rid of it either! Wow
 
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Shay-Pari'e

Senior Member
(QUOTE)I agreed to buy a bird from my sister(QUOTE)

1. You did not pay her.
2. You did not return the bird. (Your job, not her's).
3. You then sold the bird and kept the money.

You had no right to sell the bird. You certainly had no right to keep the money.

Do you understand now?
 
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Tsukimoon

Junior Member
Hmm I no longer owed her for the bird. This is what she said. But is has been an interesting conversation. I had no idea that for something to be abandoned it had to be neglected and that when someone said they would come and get their property and didn't that at some point in time possesion was 9/10s of the law. Thank for your reponses...now I know what to prepare for when it goes to court. :)
 
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Shay-Pari'e

Senior Member
Tsukimoon said:
Hmm I no longer owed her for the bird. This is what she said. But is has been an interesting conversation. I had no idea that for something to be abandoned it had to be neglected and that when someone said they would come and get their property and didn't that at some point in time possesion was 9/10s of the law. Thank for your reponses...now I know what to prepare for when it goes to court. :)
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Prepare to pay her.
 
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Tsukimoon

Junior Member
Oh it isn't about the money. When I said I wanted the bird it was actually her boyfriends bird which he said was his mother's bird and the money was suppose to go to his Mom. I had made a check out to his Mother but he does not speak well and I got the address wrong but before I could remake out another check they called me demanding I give the money to them. It was just the principle of the thing. This ought to be good I cannot wait :eek:
 
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seniorjudge

Senior Member
Tsukimoon said:
Oh it isn't about the money. When I said I wanted the bird it was actually her boyfriends bird which he said was his mother's bird and the money was suppose to go to his Mom. I had made a check out to his Mother but he does not speak well and I got the address wrong but before I could remake out another check they called me demanding I give the money to them. It was just the principle of the thing. This ought to be good I cannot wait :eek:
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So we never got the facts in the first place! :rolleyes:

Okay, when someone says, "It's the principle of the thing," they mean, "It's the money."

If you want principle, you have to go to Federal Court.
 
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Tsukimoon

Junior Member
Well I was giving the facts as I was going to try to argue them. I did not know law was so black and white. Reminds me of a movie I saw about the renter who did all that stuff and the owners had no rights to get him out. :(

I know being lawyers you have heard it all, but it is about the fact that they said the money was for his Mom, how poor she was and needed it...then they are demanding it for themselves. Thank again it was enlightening!
 
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