Misspelled name on summons/animal custody rights?

[kwood77]

Alaska:

If the plaintiff misspelled my name on the summons, can they still collect judgement if they win in small claims?

I'm being sued because I found a dog in an area about 45 minutes from the closest person in Alaska in the snow. She would have died had I not found her. I immediately called the police, humane association, posted signs downtown (in a town of 3500 on an island), called the radio station and had announcements made and posted a topic on a community website. The original owner didn't come forward for 7 weeks and now is taking me to small claims for $2500 OR the dog back. I believe she's just trying to make money off of a dog that she originally abandoned.

What are my rights?

 

[las365]

I'm being sued because I found a dog

No, you are being sued because you won't return the dog to its owner.

What are my rights?

You have the right to give the dog back to its owner. You have the right to pay the owner $2,500 for the dog. You may have the right to be reimbursed for the money you spent on veterinary care and/or food, etc., for the dog during the time you have had it, if you give it back, or to deduct that amount from the $2,500 if you pay it.

Your contention that the owner abandoned the dog doesn't jibe with her wanting it back.

 

[fairisfair]

No, you are being sued because you won't return the dog to its owner.

You have the right to give the dog back to its owner. You have the right to pay the owner $2,500 for the dog. You may have the right to be reimbursed for the money you spent on veterinary care and/or food, etc., for the dog during the time you have had it, if you give it back, or to deduct that amount from the $2,500 if you pay it.

Your contention that the owner abandoned the dog doesn't jibe with her wanting it back.

only if a counter suit is filed.

 

[dcatz]

only if a counter suit is filed.

The right can be asserted by way of a defensive offset, without the need for a counterclaim.

If the plaintiff misspelled my name on the summons, can they still collect judgement if they win in small claims?

The prevailing party can enforce the judgment against the name on the judgment. If that's not you, the judgment must be amended. If you had notice and appeared, amending is probably not going to be that hard to do. The Court may even ask parties to confirm their appearance before the hearing.

 

[kwood77]

Let me clarify...

You are correct. The owner is suing me because I will not return the dog she abandoned in the snow in rural Alaska. The reason she is trying to get the dog back is because she wants $2499 and because people in town have started to call her an animal abuser. She's trying to save face. She had every opportunity to find the dog. That is why I believe she abandoned her dog. It happens everyday in Alaska.

She is even claiming that she knew I had the dog, but heard in town that I wasn't going to give it back (even though I had posted signs downtown, called the police, humane association, listed a topic on the community website, had announcements read on THE radio station and had her at THE veterinary clinic every day since I found her). She confronted me about the dog because a mutual friend had handed her a phone that was dialing my phone number and said that I had her dog. She wouldn't have called me otherwise. She also has claimed that she's been crying since the day she "lost her dog", yet she will take $2499 instead?

I am countersuing for $3609.93 for vet bills, boarding, food, walking fees (she's lost 5 lbs since I've had her) as well as tech fees (I was working for the vet at the time) for the services I provided for the weeks that she never claimed the dog. The dog was obese and had a severe ear infection. Also, I have filed the countersuit, that if the court decides the dog must be returned to the original owner, then I want the above money. I want to keep my dog. I don't want the money. This dog has been through enough already.

Now my question is, is it still possible to win in court if I have proven I did everything possible to find the original owner (see Morgan v. Kroupa, 167 Vt. 99 Supreme Court of Vermont, 1997)? Or is this simply a matter of money? I've never been to court before...I have no idea what to expect.

Let me know if there is anything else I may clarify.

 

[Silverplum]

Now my question is, is it still possible to win in court if I have proven I did everything possible to find the original owner (see Morgan v. Kroupa, 167 Vt. 99 Supreme Court of Vermont, 1997)? Or is this simply a matter of money? I've never been to court before...I have no idea what to expect.

Let me know if there is anything else I may clarify.

This is not my arena at all. I feel for you, and the dog.

But wanted to let you know that using a VT case in AK isn't going to fly.

 

[VeronicaLodge]

all you can really do at this point is go to court and argue your case to the judge and hope he/she sees it your way.