• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Please help me get my dog back!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

Smithy

Guest
Hello,
On July 2, due to financial strain, my boyfriend and I were forced to move in with two friends of mine in Colorado Springs, Colorado. Their apartment didn't allow dogs and I was at a loss as far as what to do with my bassett
hound puppy, Ringo. Kara, one of the friends we moved in with, supposed her friend, Mike, would be happy to watch the dog as he has a house with a big backyard and another dog already. In my boyfriend's prescence, she called Mike, explaining it was a temporary situation, and he agreed. I sent Ringo with two bags of food and a message to Mike (whom I've never met) to call if he needed anything and that I'd be back for Ringo within a
month and a half. Two weeks later, I took a bag of dog food to the house with Kara and let the lady who let us in the house know we'd be back for Ringo in two or three weeks as we (my boyfriend and I) were moving back to Texas. I've gone
on to Texas without him, and he went by yesterday to pick Ringo up. This Mike guy has refused to give him back, saying that he has become attatched and that Kara had said he could keep him. It isn't her dog to give, Jon is in possession of his papers and a receipt of sale. We called the police who went to the house and asked them if they would give Ringo back and they said no. Mike changed his story and said that Jon and I had told him that
either he take Ringo in or we would take him to the pound. This is not true, I've never spoken to Mike. The police say now that that means I abandoned my dog and despite all the paperwork I have, they would not get him back for me. I can't afford a lawyer and I am just heartsick as to what to do about this. Do I file a civil lawsuit? Are the police in the wrong? I don't understand how my dog can just be taken away from me like this. Please, please, help. Thank you.
Smithy
 


S

Smithy

Guest
P.S. Can I have Ringo removed from this guy's house until this is resolved? This guy rents a basement and the homeowners have been involved as well. Should they be named in a lawsuit. (Probably a small claims one, yes?) Can I shame them into giving him back? (i.e. taking out large newspaper ads detailing the situation, sitting across the street from their house with signs. "Let Ringo Come Home.", "Please Give Me My Dog." etc.?)
 

JETX

Senior Member
Smithy, I know this won't help, but I am going to first point out the problems so that someone else doesn't befall the same fate as you.

1) You 'gave' the dog to a friend of a friend, without ANY written agreement. In fact, there appears to have been NO verbal agreement directly between you and "Mike".

2) On July 2, you "sent" your dog "to Mike (whom I've never met) to call if he needed anything and that I'd be back for Ringo within a month and a half". Another HUGE opportunity for misunderstanding!! Why didn't you go with your precious dog to see Mike and the living conditions your precious dog was going to have???

3) "Two weeks later, I took a bag of dog food to the house with Kara and let the lady who let us in the house know we'd be back for Ringo in two or three weeks". Again, still no apparent direct talks with Mike. And another great opportunity for misunderstanding!

4) "I've gone on to Texas without him, and he went by yesterday to pick Ringo up. This Mike guy has refused to give him back, saying that he has become attatched and that Kara had said he could keep him." And what does Kary say when you confront her about the claimed statement. Obviously, at least part of your claim should be against her.

So, now to what your options are:
1) You can let things die as they are and let "Mike" keep the dog, or
2) You can sue both Mike AND Kara for compensation for the dog.

See, the problem is that most states treat animals, even pets, as property. Further, most states only allow money issues to be filed in Small Claims courts. This means that you can't file to get the dog back, only to get the 'value' of the property that was improperly taken.
 
S

Smithy

Guest
O.K.

1.&2. The verbal agreement that the situation was temporary was by telephone between Kara and Mike and witnessed by my boyfriend, Jon. I arrived home from work just in time to help pack Ringo into Kara's car. She vouched for Mike's character and living conditions and I trusted her. I did not accompany her because this was also the last day we had to get our things out of our previous apartment.

3.Kara called Mike on the day that I brought Ringo food when we were on the way to his house. In the fifteen minutes between the phone call and our arrival, Mike had left the house. I didn't think anything of it at the time, but I guess I should have.

4.Kara sticks to her word that Mike knew it was a temporary situation. When trouble arose she confronted Mike and his uncle (who is the actual homeowner, Mike just rents the basement, but I plan to name him in my suit.) but Mike just called her a liar and told her to get off his property.

Wouldn't taking action against Kara have a negative effect seeing as how she's an important witness to my case? I know now I should have gotten written proof but I never imagined that someone could tear a puppy, who is supposed to bring joy, away from their rightful mom and dad. Surely Ringo must be a constant reminder to these people of the hearts that are broken to not be with him now. I am so disgusted with these people.
 

JETX

Senior Member
The problem with leaving Kara out of the picture is that she is the ONLY direct link between you and Mike. For all intents, you handed the puppy to Kara, making her responsible. She then handed the puppy to Mike. You were NOT directly involved with the 'Mike deal', so any claims that you make are 3rd party.

Let me give you an example.... lets say that you Bob owes you $100.00. Instead of paying you directly, Bob gives the money to Tom to give to you. However you never get any money. Who do you sue?? You can't sue Tom, since he has no obligatory link to you. You would have to sue Bob for the money, and then Bob can take a separate action against Tom. Same principle here.. you have NO direct link to Mike. And after all, Mike is claiming that Kary gave him the dog.

Finally, I realize that the dog may be important to you, but you and your boyfriend are NOT the pupplies "rightful mom and dad". The puppy is PROPERTY and that is really all he is in the eyes of the law.
 
S

Smithy

Guest
Dear Mr. Halket,
Please forgive me if I didn't speak legally and spoke emotionally about my dog, Ringo, but I'm sure if you've ever had a dog you realize that it is a different relationship between dog and master than between, say, a bark-o-lounger and a master.
I took the first legally required step in filing a lawsuit today, the "letter of demand" and the man was so scared of his wages being garnished that he claimed he would leave the country. When that did not deter me from my quest, he finally agreed to give the dog back but asked for FOUR HUNDRED DOLLARS for boarding fees. I told him that I would not pay his ransom and that I wasn't in the habit of rewarding criminal behavior (whether it is, technically, or not.) I told him I was doing him a favor by offering him the opportunity to save himself $5000 and he agreed to give the dog back tonight. I can't go get him, my boyfriend will have to, and we won't know anything for a good hour or so. But, this horrible man told both my stepdad and me that he would hand Ringo over tonight. So, although it may be a bit premature, Hooray! Hopefully tomorrow I will have the opportunity to tell you all that Ringo is back, safe at home. Thanks for all your help!
 

JETX

Senior Member
Congratulations. Remind me to never, EVER play poker with you.

In my opinion, you had ZERO chance of winning anything but the 'monetary value' of the dog in court. Yet, you were able to bluff him with a lawsuit and he folded.

I tip my (virtual) hat to you....
 
M

mrstchr1

Guest
Smithy I have been reading the posts about your dog. Congatulations and I hope he follows through. If not, maybe a physical threat would do it (just kidding). Good luck,
 
S

Smithy

Guest
Thanks so much! I will let you know for very certain at 11:30 Mountain Time, since that is when I expect my phone call from Ringo.
:)
p.s. (I am only four foot eleven and a half, otherwise I wouldn't have had to resort to nice, legal ways of solving things. Believe me!)
 

JETX

Senior Member
Smithy said:
Thanks so much! I will let you know for very certain at 11:30 Mountain Time, since that is when I expect my phone call from Ringo.
:)
p.s. (I am only four foot eleven and a half, otherwise I wouldn't have had to resort to nice, legal ways of solving things. Believe me!)
Wait a minute... You are expecting your dog, Ringo, to call YOU!! Does he have his own phone?? Does he have a pager?? How does he do on long distance calls??? As soon as you get Ringo back, call Letterman. You might have a real goldmine here... a dog that makes phone calls!!! Hell, I would pay money to see that!
 
S

Smithy

Guest
Ringo just called (with a little help dialing) and emphatically slobbered into the phone to let me know he's safe and back in our possession. I would like to thank everyone for all the help. This is such an interesting site, I may just stay around, although I don't have much knowledge of law. Thank you so very much, Ringo thanks you all too. Woof!:D :D :D :D
 
S

Smithy

Guest
That is true. But, what he lacks in musical talent, he sure makes up for in personality.
 

JETX

Senior Member
Yeah, and with all the licking and slobbering on the drum skins, I bet the sound is pretty terrible.
 
S

Smithy

Guest
True, but it beats all of the crappy bands of the last five years any day.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top