What if you refuse to give up foster dog?

[kingmo]

What is the name of your state? New York

The foster agency agreement does say they don't allow fosters to adopt, and I did sign it, so lets put the legal jargon aside. I love the dog and want to keep it, and I only have 4 days. I don't mind paying the adoption fee they have (heck i'd double it), but if push comes to shove and they say I have to give him back and I simply refuse what can they do and are they likely to actually do anything. I would imagine any kind of lawsuit would cost them thousands and adoption fee is only $450, but just want some opinion on the LIKELY outcome (more so than the moral side of it).

 

[LdiJ]

What is the name of your state? New York

The foster agency agreement does say they don't allow fosters to adopt, and I did sign it, so lets put the legal jargon aside. I love the dog and want to keep it, and I only have 4 days. I don't mind paying the adoption fee they have (heck i'd double it), but if push comes to shove and they say I have to give him back and I simply refuse what can they do and are they likely to actually do anything. I would imagine any kind of lawsuit would cost them thousands and adoption fee is only $450, but just want some opinion on the LIKELY outcome (more so than the moral side of it).

They might possibly call the police if you refuse to release the dog. I think that techically that would be theft. Whether they would actually do that or whether the police would actually do anything about that cannot really be predicted.

 

[kingmo]

They might possibly call the police if you refuse to release the dog. I think that techically that would be theft. Whether they would actually do that or whether the police would actually do anything about that cannot really be predicted.

Hypothetically speaking if they did call the police, is this one of those things where the cop comes over and tells you to give the dog back first or would they likely throw me in jail right away?

 

[quincy]

What is the name of your state? New York

The foster agency agreement does say they don't allow fosters to adopt, and I did sign it, so lets put the legal jargon aside. I love the dog and want to keep it, and I only have 4 days. I don't mind paying the adoption fee they have (heck i'd double it), but if push comes to shove and they say I have to give him back and I simply refuse what can they do and are they likely to actually do anything. I would imagine any kind of lawsuit would cost them thousands and adoption fee is only $450, but just want some opinion on the LIKELY outcome (more so than the moral side of it).

When you foster an animal, the animal remains up for adoption. Has anyone else adopted the dog?

Humane societies and animal rescue organizations have retrieved animals in the past with help from animal control officers. I imagine that would be the likely scenario if you refuse to give up the animal upon demand.

And it is possible that an agency could sue you for breach of contract, although that seems unlikely.

If you have become attached to the dog you are fostering and want to adopt it, what reason would the animal agency have for not agreeing to the adoption?

 

[Just Blue]

What is the name of your state? New York

The foster agency agreement does say they don't allow fosters to adopt, and I did sign it, so lets put the legal jargon aside. I love the dog and want to keep it, and I only have 4 days. I don't mind paying the adoption fee they have (heck i'd double it), but if push comes to shove and they say I have to give him back and I simply refuse what can they do and are they likely to actually do anything. I would imagine any kind of lawsuit would cost them thousands and adoption fee is only $450, but just want some opinion on the LIKELY outcome (more so than the moral side of it).

They can (and likely will) sue you, in small claims court, for the return of the dog.

 

[Just Blue]

Px Hx.

You dont respect the contracts you sign, do you kingmo?

 

[kingmo]

When you foster an animal, the animal remains up for adoption. Has anyone else adopted the dog?

Humane societies and animal rescue organizations have retrieved animals in the past with help from animal control officers. I imagine that would be the likely scenario if you refuse to give up the animal upon demand.

And it is possible that an agency could sue you for breach of contract, although that seems unlikely.

If you have become attached to the dog you are fostering and want to adopt it, what reason would the animal agency have for not agreeing to the adoption?

They have not answered me when I asked if someone adopted it already. It's quite possible I assume. Or they could just be Xxxxx and want to stick to the fine print.

That sounds like something a humane society would do to rescue an abused animal. Are animal control officers cops or have any legal authority or can I tell them to XXXXX the same way?

 

[kingmo]

They can (and likely will) sue you, in small claims court, for the return of the dog.

Well in small claims in NYC you can only sue for a few grand, I could care less about that i'd just pay it. Small claims can't force me to surrender the animal i'm quite sure.

 

[Just Blue]

They have not answered me when I asked if someone adopted it already. It's quite possible I assume. Or they could just be Xxxx and want to stick to the fine print.

That sounds like something a humane society would do to rescue an abused animal. Are animal control officers cops or have any legal authority or can I tell them to XXXXX the same way?

Watch your language.

 

[Just Blue]

Well in small claims in NYC you can only sue for a few grand, I could care less about that i'd just pay it. Small claims can't force me to surrender the animal i'm quite sure.

Really? Quite sure? Why are you "quite sure" that you won't be forced to return Spot?

 

[kingmo]

Really? Quite sure? Why are you "quite sure" that you won't be forced to return Spot?

Because it's a small claims not criminal issue. You sue in small claims for damages and are awarded money if you win. I'm not a lawyer, so could be wrong, but i've never heard of anyone being required to do anything other than pay after losing a small claims suit.

 

[Just Blue]

Because it's a small claims not criminal issue. You sue in small claims for damages and are awarded money if you win. I'm not a lawyer, so could be wrong, but i've never heard of anyone being required to do anything other than pay after losing a small claims suit.

You should look very closely at your fostering contract to see the repercussions of breeching the contract.

 

[Taxing Matters]

Hypothetically speaking if they did call the police, is this one of those things where the cop comes over and tells you to give the dog back first or would they likely throw me in jail right away?

It's up to the cop — you might be promptly arrested and charged, or the cop may simply take the dog from you to return to the organization. The organization may also sue you for the return of the dog, which it is pretty certain to win. And, of course, the organization is pretty much guaranteed to blacklist you from being a foster home for pets.

 

[LdiJ]

The bottom line is that there are many different potential things that can be done to enforce the contract. You should not assume that they won't find a way to stomp on you hard.

 

[doucar]

As a former small claims judge, I could have ordered the return of the dog and you could be found in contempt and jailed and/or fined until it was returned. That was in California, by I expect NY would be no different.