Update on Dog Picked Up.

[cdurham81]

What is the name of your state (only U.S. law)? Kentucky

To those who dont remember, my dog was picked up and the people who got her decided they did not want to give her back. The local police said that it was a matter for the CA, since the people who had her werent the ones that picked her up. Then the CA told me that it was a civil matter, he did not handle it but taking it to Small Claims Court was the place to go with it to get my pet back. Filed a complaint, 5 weeks later I'm in court, I have proof I am the dogs owner, pictures, vet bills, statements from neighbors. Their Lawyer tells the judge they need time to file for damages for the upkeep on the dog the last month in the event I get her back, I tell them I will pay the damages, they dont need to file anything. For some reason the judge moved us back, and the man and his lawyer left the room and come back a few minutes later, When I get up to go to the bathroom. Their lawyer catches me and tells me that these people love the dog even though they have had it for a month, will give me 2-300 dollars to let them keep it. Told him no thanks. I just want my pet back.

When our turn finally comes back up, the Judge sees that I did not ask for any money in damages, that all I wanted was the return of the dog. Judge says its not his jurisdiction, and that I need to go to Circuit Court, I asked when I was filling out the form if it was ok to not seek money/property. The clerks told me that was ok because the dog was property.

When I went downstairs to get some kind of paperwork for Circuit Court. The clerks said only lawyers do the paperwork for Circuit Court. So tmmrw I have to find a lawyer.


I think at some point I will get my dog back, I honestly just dont know what I am going to do to have to get it back. I mean what steps do I need to take? I'm sure talking to a lawyer tmmrw will help, it seems so simple to fix. Will I be able to get anything done in Circuit Court? or while I wait 5 weeks for it to be kicked elsewhere?

 

[Zigner]

Small claims court is about money. I'm sure the clerk didn't tell you that you could sue for return of the dog in small claims court (it's that whole "unlawful practice of law" thing.)

 

[cdurham81]

When the police told me it was a civil matter and to go to the county attorney, I told the CA the situation, that no money was wanted, I only wanted the dog returned. He listened to all of this, told me he agreed with the police that it was a civil matter, and that I would have to file a complaint and get the guy into court so that "The judge can, say come on give the dog back". When he got done telling me that, I asked him if he was sure because even this early on, everybody kept getting pointing in different directions and I wanted to take care of it as fast as possible. He said Small Claims was it.

But Circuit Court will be able to handle this case?

 

[Zigner]

When the police told me it was a civil matter and to go to the county attorney, I told the CA the situation, that no money was wanted, I only wanted the dog returned. He listened to all of this, told me he agreed with the police that it was a civil matter, and that I would have to file a complaint and get the guy into court so that "The judge can, say come on give the dog back". When he got done telling me that, I asked him if he was sure because even this early on, everybody kept getting pointing in different directions and I wanted to take care of it as fast as possible. He said Small Claims was it.

But Circuit Court will be able to handle this case?

Yes, Circuit Court will handle it. However, Circuit Court is "real" court. Lawyers and all...

 

[sandyclaus]

Yes, Circuit Court will handle it. However, Circuit Court is "real" court. Lawyers and all...

And there's the fact that going to Circuit Court over your dog will cost you a significant amount over the $200-300 already offered to you in lieu of returning the dog to you.

You really need to make a decision here as to what this dog is really worth to you. You said she was an unregistered mutt, so in monetary terms, probably not worth very much. And while I realize that there is probably a higher sentimental value involved here, the time, money, and effort you are going through to try to get this dog back seems to outweigh its actual value.

You really ought to consider just taking them up on their offer to pay you for the dog, and move on. Think about going to the shelter and grabbing a new pup for yourself.

 

[cdurham81]

I realize when you talk money, the dog isn't nearly worth all the trouble I'm going to have to go through. Yeah there is sentimental value, the dog does mean quite a bit to me and I am going to at least give it one more go through the circuit court with a lawyer, I dont really see how I can lose. Financially I'm not poor and definitely not wealthy, but it wont break me by any means. I'm not sure if that was what they were trying to do by making me pay for the dogs upkeep since they have had her, trying to otpr.



This whole process has been ridiculous, this could've have been handled the day I have found out where she was, without going to court. Instead I have went through this ridiculous legal process, back and forth. This whole thing kinda feels like my neighbor coming into my house when I'm gone, packing my tv's to his house, then not wanting to give them back because he "likes" them.

ty for all advice in both threads