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Dog Gone!

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Ryma

Junior Member
What is the name of your state? Maryland

My husband's cousin was evicted and she gave us one of her 7 dogs to care for until she found a new place to live. That was at the end of May 05...we did not hear from her until august 05 and she was not ready to take to dog back. The dog then started going to the bathroom in the house on a daily basis and barking every night @ 3 am. We tried calling the cousin multiple times in October and their phone was disconnected. We brought the dog to our wedding reception with the hopes of giving him back...at the party, another family fell in love with him and asked if they could have him. Since we had not heard from them in months and they had not paid their phone bill, we figured they weren't coming back. So we gave the dog away. We saw them at a family funeral in October but did not really discuss the situation with the dog since my husband had just lost his grandmother.

We did not hear from them again until the beginning of February. We were out of the country for most of the month so we called them in March when we returned. We told them that the dog had a new home...they then proceeded to tell us that they would take us to court....and now they are harassing us with phone calls.

Do they have a legitimate legal case?

The new family has paid vet bills for this dog and been taking care of him for 5 months now and they do not want to give him up and I don't want them involved with my husband's relatives.

What can we do?
 


dcatz

Senior Member
Originally Posted by Ryma
Do they have a legitimate legal case?
What can we do?
Yes, they have a legitimate case. Despite the passage of time, there is nothing in your post to suggest that anyone regarded the dog as abandonded or as yours, rather than theirs. For anyone who believes that, you gave away their property.

What can you do? Offer to buy another dog? Offer to pay a mutually-agreeable reasonable sum of money (considering that you had expenses while housing the dog)? Let them take you to court and leave it to a judge to decide?

I favor mediation for many types of disputes and this looks like another that would lend itself to that. Part of the present problem may be what they see as arrogance or presumptiousness at giving away their property. A "neutral" to "defuse" some of the emotion might help. And there are inexpensive community organizations that do this kind of thing regularly, even as volunteers to assist the court system.
 
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BL

Senior Member
dcatz said:
Yes, they have a legitimate case. Despite the passage of time, there is nothing in your post to suggest that anyone regarded the dog as abandonded or as yours, rather than theirs. For anyone who believes that, you gave away their property.

What can you do? Offer to buy another dog? Offer to pay a mutually-agreeable reasonable sum of money (considering that you had expenses while housing the dog)? Let them take you to court and leave it to a judge to decide?

I favor mediation for many types of disputes and this looks like another that would lend itself to that. Part of the present problem may be what they see as arrogance or presumptiousness at giving away their property. A "neutral" to "defuse" some of the emotion might help. And there are inexpensive community organizations that do this kind of thing regularly, even as volunteers to assist the court system.
Bs , tell the relative to pound sand . Tell them you will counter sue for food and housing outweighing any amount the claim against you . The deadbeats .
 

ENASNI

Senior Member
I too have to disagree with Dcatz, who is usually right on. The local animal control will tell you when a dog is deemed "abandoned". That is how I got me doggie. It was left in my care for months on end, I tried and tried to get ahold of the owner to no avail. I did not have the means or capacity to own a dog.

I own a dog.
 

BL

Senior Member
ENASNI said:
I too have to disagree with Dcatz, who is usually right on. The local animal control will tell you when a dog is deemed "abandoned". That is how I got me doggie. It was left in my care for months on end, I tried and tried to get ahold of the owner to no avail. I did not have the means or capacity to own a dog.

I own a dog.
Ya feed the dog scraps , and train it w/ newspaoper ? Dogs **************

No that ya can afford the DOG , does it eat prime right from the table ? :D
 

ENASNI

Senior Member
Blonde Lebinese said:
Ya feed the dog scraps , and train it w/ newspaoper ? Dogs **************

No that ya can afford the DOG , does it eat prime right from the table ? :D

I can't afford not to have the dog by now. She is my heart and soul. Doggone it. :eek:
 

dcatz

Senior Member
Ok, Ok. I have and love animals too. I wasn't trying to suggest taking the dog from a good home and moving it back to a bad one, and I don't feel compelled to defend the response. I just tried to look at the facts.

The parties first talked about the dog after approximately 2 months and there was an implied willingness to return the dog, if the original owner was ready.

They saw each other after approximately 2 more months and there was an apparent mutual decision not to discuss the dog.

At some point between October and February (2 weeks, 2 months, 4 months?) the dog is given away. Is that "months on end" (of trying to find the owner)? Would animal control have deemed it abandoned? I don't know. I know I wouldn't like to be the judge who is presented with the fact situation and asked to decide. That's why I suggested mediation.
 

ENASNI

Senior Member
dcatz said:
Ok, Ok. I have and love animals too. I wasn't trying to suggest taking the dog from a good home and moving it back to a bad one, and I don't feel compelled to defend the response. I just tried to look at the facts.

The parties first talked about the dog after approximately 2 months and there was an implied willingness to return the dog, if the original owner was ready.

They saw each other after approximately 2 more months and there was an apparent mutual decision not to discuss the dog.

At some point between October and February (2 weeks, 2 months, 4 months?) the dog is given away. Is that "months on end" (of trying to find the owner)? Would animal control have deemed it abandoned? I don't know. I know I wouldn't like to be the judge who is presented with the fact situation and asked to decide. That's why I suggested mediation.
I have seen your posts Dcatz and I know you are fair. But this Doggie is abandoned! It was abandoned to the family member that posted who then had the right to do whatever with said pooch. At the point where it became too much to handle, they gave it to someone who could give it the love and care it needed.

If a mediator is needed OP, try one... I bet dollars to donuts it would be seen in that light. I would say I would bet me doggie, but even though I am 98% sure, I would never put her in on a bet. She is me DOGGIE... woof woof. :p
 

Ryma

Junior Member
Dog Gone

Sadly, we wanted to return the dog as soon as he started going to the bathroom in the house and barking in the middle of the night....he was no longer welcome in our home; that was just too much to ask of us as a favor.

We tried to return him to his owners but their phone was disconnected every time we tried to call. We figured since their lack of communication and their irresponsibility with their bills that they would not be coming back for him.

Fortunately for us...another family wanted to give him a home. They were able provide him with the appropriate amount of attention and company to keep him from messing in the house, barking in the night and they provided the medical care that he needed.

We don't want any money...I just want them to leave us alone and not bother the dog's new owners.

Thank you so much for all of your thoughts!
 

ENASNI

Senior Member
Ryma said:
Sadly, we wanted to return the dog as soon as he started going to the bathroom in the house and barking in the middle of the night....he was no longer welcome in our home; that was just too much to ask of us as a favor.

We tried to return him to his owners but their phone was disconnected every time we tried to call. We figured since their lack of communication and their irresponsibility with their bills that they would not be coming back for him.

Fortunately for us...another family wanted to give him a home. They were able provide him with the appropriate amount of attention and company to keep him from messing in the house, barking in the night and they provided the medical care that he needed.

We don't want any money...I just want them to leave us alone and not bother the dog's new owners.

Thank you so much for all of your thoughts!
The new lucky family needs to make sure they have all their doggies... I mean ducks in a row. Yours is a very close scenario to mine. I had no phone number for the dogs owner. I had an in-between that I had to call to relay messages and then that person said to stop calling as they did not want to "be involved".
This person knew where I lived and as they rented at the same place. At one point I just threw up my hands. I had to take the dog to the vet, and when they asked who the owner was I just had to say me... I guess.:confused:

I went to animal control and said what the heckfire do I do now? They asked how long had I had her, I said over five months, they said you have a doggie, Get her rabies shot, get her licensed you have a BRAND NEW DOG! :eek:

If the young irresponsible fella ever comes back to claim me doggie I have the animal control on my side.
It has been two wonderful years.
:)
 

dcatz

Senior Member
I'm returning to this thread to make a point, which I hope will be helpful to all of us in the future.

I now know the dog was legally abandoned and I know because I checked Maryland law. As a matter of fact, the dog was considered legally abandoned after thirty days. This is based on (1) direct contact with Maryland and Anne Arundel County Animal Control, (2) the determination that what constitutes an abandoned animal is set by county regulation and (3) the determination that all Maryland counties use the 30-day standard.

My point is this: the information vindicates nothing for anyone in the thread, unless the same information, rather than emotion, was the basis for the opinions asserted. Emotional conclusions are not the equivalent of legal advice.

The original question was "Do they have a legitimate legal case?" To the attorneys posting here, I think that question means "are there legitimate questions of fact and/or law to be decided?" and not "are they gonna win?"

The OP didn't indicate knowledge of the 30 days. I didn't have it when I responded. To me, there were legitimate questions of fact and law, and that remained my opinion, regardless of how I personally felt about the dog being assured of a good home. One of my suggestions was "put it to a judge and find out". The other suggestions were made to avoid going through that, because litigation, any litigation, even in Small Claims, is stressful.

Some enlightened states have created "animal courts" to exclusively handle questions like this, but I was doubtful that a Small Claims judge would have the information at the tip of his/her finger. I also thought it likely that a mediator would facilitate keeping the animal in the good home. I say that as a mediator for the federal and state courts and an active pro tem Small Claims judge.

I know two things: I would not have made a legal determination without hearing the evidence from both sides and confirming the relevant law. The law would dictate the the OP prevails and is free to dispose of her property as she chooses.

The other thing I've learned is to never again respond to a post about animals. They generate a more visceral response than capital punishment and family law combined.
 

BL

Senior Member
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding.

Noting here states a poster has to or must reply with facts of LAW .

Have a Happy rest of your weekend ...
 

BelizeBreeze

Senior Member
and just so you know catz, a dog or other animal is not an animal in a conversion trial. It's considered property and there are specific rules and procedures concerning the disposition of abandonned property.

Those were NOT followed in this case.
 

ENASNI

Senior Member
Gee Cheez whiz

Dcatz, You are very well respected in your realm. Take her easy there fella.

I actually took me doggie to the animal control today. NO KIDDING. She had shadowy past you see with wrestling with a Doberman (a long and funny story but it can wait) and lost her license tags...

Well I brought in her papers to get her new tags and asked the "desk person" this exact question. She said if she was chipped and the address was to the first person (owner) there might be a problem, but the license usually prevails. I have her chip address to me at this point, no idea where the first owner is. ( jail? he was there once. )

Dcatz, you sure are nice (dry and precise) but nice... sigh... I wish you would throw in a knock knock joke but that wouldn't be you. Keep up the good work! I know I am learning a lot from you.

Pet issues are really close with me, I just met a rotweiller that someone brought back to the shelter because she was "too shy" :confused:

I wanted to become a volunteer but when I realized I had tears in my eyes going back to my car I knew I would be useless.

Poor Rosey, I hope someone adopts her.
 
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