Can dogs be held until owner pays?

[ogrrr]

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

I am a dog trainer. The clients leave their dogs with me for a 2 week training period. At the end of the 2 week program, the client comes and does a check out program with me. This is where I teach them how to properly continue training and give advice for typical issues.

At the end of the check out lesson they are expected to pay their remaining balance and at this point I hand over the client's dog.

There have been times when the client hasn't had their money ready (for whatever reasons). I usually just give the dog to the client and tell them to pay me as soon as they get home. The problem is there have been a handful of times where the client wants to disappear on me. I've even had one move out of the state! Suffice it to say, tracking down what I'm owed is extremely stressful.

So my question is: "Can I legally keep the dog and charge kenneling fees until the client pays the remaining balance?"

 

[Just Blue]

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

I am a dog trainer. The clients leave their dogs with me for a 2 week training period. At the end of the 2 week program, the client comes and does a check out program with me. This is where I teach them how to properly continue training and give advice for typical issues.

At the end of the check out lesson they are expected to pay their remaining balance and at this point I hand over the client's dog.

There have been times when the client hasn't had their money ready (for whatever reasons). I usually just give the dog to the client and tell them to pay me as soon as they get home. The problem is there have been a handful of times where the client wants to disappear on me. I've even had one move out of the state! Suffice it to say, tracking down what I'm owed is extremely stressful.

So my question is: "Can I legally keep the dog and charge kenneling fees until the client pays the remaining balance?"

No...You can not hold hostage the owners pet. What YOU CAN DO if demand full payment in advance or sue the dog owners if they don't pay.

 

[ogrrr]

I thought dogs were considered property, just like a mechanic won't release a car until final payment is made.

 

[Just Blue]

I thought dogs were considered property, just like a mechanic won't release a car until final payment is made.

Yes...Under the law thay are considered property. But when you, as a trainer, hold a pet from their owner...You do not "look good".

Just get all payments upfront. Then you don't need to do that.

 

[single317dad]

As long as OP takes cares for the animal properly (charging an appropriate amount for that service), it appears California law gives "any laborer" (as well as several other classes) the right to hold property until payment is made. Whether this is in OP's best interest remains to be decided.

I don't see a problem with "looking bad" should any non-paying customer petition a court for the return of their dog. Judges are bound to make decisions based on the law, not "how something looks". In the public eye, though, someone could easily tarnish your name over this.

There may come a time that a customer never picks up their animal, which you are holding in lieu of payment. How will you then handle the customer's property? I suppose you already have this conundrum to some extent, but it would certainly be a bigger problem with this new policy.

A creative complaint may even attack your discriminatory lending practices; though that's a stretch, it's not a coin I'd like to flip in CA court.

 

[justalayman]

single317dad
As long as OP takes cares for the animal properly (charging an appropriate amount for that service), it appears California law gives "any laborer" (as well as several other classes) the right to hold property until payment is made. Whether this is in OP's best interest remains to be decided.

but charging room and board may be another matter. It would be akin to storage fees which often are not chargeable against the owner of property without it being part of the original contract.

so, make it a part of your WRITTEN contract. Final payment is expected at the time the animal is picked up. If payment in full is not tendered, the animal will be held until payment is received. Should the animal need to be retained, a boarding fee of [$$$$$$] per day will be charged.





the concern I would have is what happens if something happens to the dog while in the retention period? Is the OP obligated to take them to a vet? What if the dog dies? Not sure I would want to get wrapped up into something along these lines.

 

[quincy]

California has a lien law that covers veterinarians and unpaid bills.

See California Civil Code sections 3051 and 1834.5: http://www.vmb.ca.gov/laws_regs/lienlaws.pdf

A veterinarian is permitted to hold a pet until the vet bills are paid and the veterinarian is allowed to add to the costs any boarding charges. If the pet owner does not pick up the pet within a certain number of days, the pet will be considered abandoned and the veterinarian has a certain number of days to find a new owner for the animal or, after a certain number of additional days, can dispose of the pet.

 

[justalayman]

California has a lien law that covers veterinarians and unpaid bills.

See California Civil Code sections 3051 and 1834.5: http://www.vmb.ca.gov/laws_regs/lienlaws.pdf

A veterinarian is permitted to hold a pet until the vet bills are paid and the veterinarian is allowed to add to the costs any boarding charges. If the pet owner does not pick up the pet within a certain number of days, the pet will be considered abandoned and the veterinarian has a certain number of days to find a new owner for the animal or, after a certain number of additional days, can dispose of the pet.

but a trainer is not a veterinarian.

1834.5. Abandoned animal; disposition; notice
Notwithstanding any other provision of law, whenever any animal is delivered to any
veterinarian, dog kennel, cat kennel, pet-grooming parlor, animal hospital, or any other animal
care facility pursuant to any written or oral agreement entered into after the effective date of this
section, and the owner of such animal does not pick up the animal within 14 calendar days after
the day the animal was due to be picked up, the animal shall be deemed to be abandoned. The
person into whose custody the animal was placed for care shall first try for a period of not less
than 10 days to find a new owner for the animal, and, if unable to place the animal with a new
owner, shall thereafter humanely destroy the animal so abandoned. If an animal so abandoned
was left with a veterinarian or with a facility which has a veterinarian, and a new owner cannot
be found pursuant to this section, such veterinarian shall humanely destroy the animal. There
shall be a notice posted in a conspicuous place, or in conspicuous type in a written receipt
given, to warn each person depositing an animal at such animal care facilities of the provisions
of this section

and there is a difference between an abandoned animal and one that is being held as a lien.