Dog Issue

[ZekeComa]

What is the name of your state (only U.S. law)? Texas (but might happen in Ohio)

About 2-3 years ago. My brother told us to watch his dog, which we did, because he was lookin' for an apartment with his wife at the time. Over the time, we have bought the dog food, place to live, and everything else. Over the time, up to now. We have had that dog in our possession. He's said in the past that he wanted to get the dog, but he never has tried to be honest. Now, he is wanting the dog. He lives in Ohio now, while I live in Texas. He said, that he is going to take me to court about the custody of the dog. But, he has verbally promised me over at least 3-4 times, that I can have the dog, but he never has provided a contract showing proof, that he gave it to us.

He doesn't really want the dog. He is only doing this to hurt us, because we have fell in love with this dog, and grown too attached to the dog, and I don't want to lose him. My brother throws up, that he wants the dog, every time, my mum and him get into arguments and fights.

I'm just worry, that we will have to give up the dog, because of it being given to me in verbal speech. Will I have trouble in court with this, as it might be in Ohio, where I will have to go to court. If, I may lose it, is there a way to get all the money, that we have spend on this dog?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Texas (but might happen in Ohio)

About 2-3 years ago. My brother told us to watch his dog, which we did, because he was lookin' for an apartment with his wife at the time. Over the time, we have bought the dog food, place to live, and everything else. Over the time, up to now. We have had that dog in our possession. He's said in the past that he wanted to get the dog, but he never has tried to be honest. Now, he is wanting the dog. He lives in Ohio now, while I live in Texas. He said, that he is going to take me to court about the custody of the dog. But, he has verbally promised me over at least 3-4 times, that I can have the dog, but he never has provided a contract showing proof, that he gave it to us.

He doesn't really want the dog. He is only doing this to hurt us, because we have fell in love with this dog, and grown too attached to the dog, and I don't want to lose him. My brother throws up, that he wants the dog, every time, my mum and him get into arguments and fights.

I'm just worry, that we will have to give up the dog, because of it being given to me in verbal speech. Will I have trouble in court with this, as it might be in Ohio, where I will have to go to court. If, I may lose it, is there a way to get all the money, that we have spend on this dog?

First and foremost, if he wants to sue you for the dog, he would have to file where YOU live, in Texas, and NOT in Ohio where he lives.

Second, since your brother would have to sue in Texas, the Texas Small Claims courts do not offer the remedy of "replevin" (i.e., the judge cannot award or return property, but can only award a money judgment). If he wins, your brother can only recover the VALUE of the dog (which, unless it is a purebred with proper registration, will not be that much).

Last, and most relevant, is the fact that the statute of limitations to file suit has already passed. According to Texas Civil Practice and Remedies Code: Sec. 16.003, there is a TWO YEAR Statute of Limitations on conversion of personal property and taking or detaining the personal property of another (which I believe would be the act that you are being accused of).

Rest easy. At this point, the dog would be considered yours, and there isn't much your brother can do past wasting his time, money, and efforts on trying to get it back.