What if you refuse to give up foster dog?

[quincy]

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.

Your fostering contract says you cannot adopt the animal you are fostering?

You said you “have 4 days.” Four days to do what? Return the dog?

 

[Taxing Matters]

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.

If the organization sues you, it almost certainly won't be in small claims court. In NY small claims court you cannot sue for anything but money. The organization won't want money for this, they'll want the return of the dog. So they'll sue in a regular court for an order to return the dog. And if you really want to contest that rather than just handing over the dog, you'll need your own lawyer for that. That gets expensive. Also, look at your contract. Does it say that in a legal dispute between you that the winner gets to collect its legal fees from the loser? If so, you could be looking at paying thousands to the organization to cover its legal fees.

 

[zddoodah]

what can they do

Sue you and seek and (probably) obtain an injunction and a judgment for monetary damages, including attorneys' fees if provided for by the contract you signed. In addition, the agency can call the police, and the police might arrest you if you refuse to return the dog.

are they likely to actually do anything.

No one here could possibly have the slightest idea what some unknown agency/company will or won't do or how likely or unlikely a particular course of action is.

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.

It does not appear that NY small claims courts have jurisdiction to order injunctive relief.

 

[quincy]

The animal agency could seek a court order for return of the animal if animal control cannot on its own seize the animal (which I believe animal control has the authority to do if the animal is outside the residence).

 

[quincy]

kingmo, here is a long but comprehensive look at some of the laws that regulate rescue and foster care programs for companion animals - with court-case examples of what can happen if an ownership dispute arises between an animal agency and the person who has fostered the animal:

https://www.animallaw.info/article/detailed-discussion-laws-regulating-rescue-and-foster-care-programs-companion-animals

You could scroll down to the section on “Contract Concerns” if you are not interested in the rest of the material.

You have several problems if you are looking to keep the dog, with one major one being the contract you signed, and one being that companion animals are still considered property in New York (although there have been some “rogue” judges in New York who have awarded damages above what would be considered in property cases). If you refuse to return the dog to the animal agency, it can be considered theft of property (I believe Just Blue mentioned that earlier), as well as a breach of contract.

 

[Taxing Matters]

The bottom line is that dog is the property of the agency and keeping the dog when you have no right to do so can lead to both criminal and civil consequences. There are lots of dogs out there that need love and I'm sure you can find one to adopt that won't cause you to run the legal risks you are contemplating here.

 

[quincy]

You asked about the authority of animal control officers. Here is the law:
https://www.nysenate.gov/legislation/laws/AGM/113

 

[westside]

I believe the legal consequences have pretty much been laid out. I am curious to any knowledge or speculation as to why a shelter would have this policy.

 

[quincy]

I believe the legal consequences have pretty much been laid out. I am curious to any knowledge or speculation as to why a shelter would have this policy.

Pet flipping, is one reason. The article I linked to earlier has other reasons for the policies many reputable shelters have.

 

[kingmo]

Your fostering contract says you cannot adopt the animal you are fostering?

You said you “have 4 days.” Four days to do what? Return the dog?

Yes, it states they don't allow fosters to adopt.

Correct I had it for 1 month exactly with a set return date.

 

[kingmo]

If the organization sues you, it almost certainly won't be in small claims court. In NY small claims court you cannot sue for anything but money. The organization won't want money for this, they'll want the return of the dog. So they'll sue in a regular court for an order to return the dog. And if you really want to contest that rather than just handing over the dog, you'll need your own lawyer for that. That gets expensive. Also, look at your contract. Does it say that in a legal dispute between you that the winner gets to collect its legal fees from the loser? If so, you could be looking at paying thousands to the organization to cover its legal fees.

Is that a realistic scenario. This is a small non profit. They're going to get attorneys and spend all this time in court to return a dog they have nowhere to put and were going to give away for $450.

 

[kingmo]

Appreciate the help everyone. I went ahead and offered them the adoption fee + a generous bonus for forgetting about the clause. Will keep you all posted.

 

[quincy]

Appreciate the help everyone. I went ahead and offered them the adoption fee + a generous bonus for forgetting about the clause. Will keep you all posted.

I know how quickly and easily one can become emotionally attached to an animal. If you are a good pet-person and the dog has been well-cared for during the time you have been fostering it, I wish you good luck in your quest to adopt the dog. An update would be nice.

 

[PayrollHRGuy]

Is that a realistic scenario. This is a small non profit. They're going to get attorneys and spend all this time in court to return a dog they have nowhere to put and were going to give away for $450.

Since it is a non-profit they may well have an attorney or attornies that do work for them pro bono. I know our local animal adoption center does.

 

[westside]

Pet flipping, is one reason. The article I linked to earlier has other reasons for the policies many reputable shelters have.

Thanks. I would maintain that with proper screening up front, there would be more upside to allowing foster "parents" to adopt than danger.