Can I get my dog back if I gave my dog to someone to look after but they sold my dog without my permission ?
I am going to court to sue a friend I asked to look after my dog. I payed him 1300 dollars to pay him back for spending money on my dog, but he has not given back my dog I believe he sold it to someone else. To me I feel like I should I have pictures since he was a puppy, he’s my esa (emotional support animal), vet receipts and the breeders number in my phone so can I get him back after I sue this guy or no ?
- Anonymous1 month ago
This is a contract matter/written or oral agreement matter. What is in writing? If nothing is in writing, what was your mutual agreement?
What was the time period during which he was going to care for your dog? Did you meet that time frame, or did you not go to get the dog.
Your ESA is going to be meaningless. People don't drop off ESA when, in theory, they NEED an ESA. ESAs in MY State are glorified pets, by the way.
Who is the REGISTERED owner of the dog. Whose name is on his County/State registration. Purchase papers are, likewise, meaningless. I adopted an AKC rescue. The original purchaser's name is on the purchase papers, not mine. Those papers are meaningless.
Yes, you can sue for the return of your dog.
- Anonymous1 month ago
contact a lawyer.................................
- bluebonnetgrannyLv 71 month ago
What kind of contract did you have on the dog with this guy? How long did the dog stay with this guy? The dog is not an ESA unless you have it with you. Any animal can be an ESA. An ESA is just a pet. Only time you need paperwork on an animal is if the landlord does not allow pets. Then you get the letter from your Psychiatrist that will allow you to have a pet. Why wasn't the dog with you? Did you get the paperwork from your Psychiatrist for the dog?
- 1 month ago
Good for you for pursuing this wretched person - someone you trusted! I'm so sorry you've had this miserable experience happen to you!
Since you already have a lawsuit pending, you may or may not be able to amend the suit at this point....HIRE A LAWYER TO REPRESENT YOU! The attorney will research the matter and be fully informed as to your rights and pertinent case law and will plead for you to the judge.
If you can amend it, see if you can also sue for the money that person got from selling the dog - he shouldn't be rewarded for theft! Find out to whom he sold the dog (ask your lawyer if you can make that demand part of the lawsuit) and contact that person to see if you can get the dog back, and be prepared to return the purchase price along with a gratuity for the time and expenses the person has had the dog (food, vet bills, collar, leash, paid training, etc.).
The problem I see is that the person you paid to look after your dog could say you authorized him to sell the dog and then it's a "he said, she said" deal, with no way to prove otherwise, unless you wrote "for boarding" on the check in "remarks".
Getting your dog back really hasn't much of a chance of succeeding, because the other person likely has formed an attachment and won't want to let it go. However, it's worth an ask....maybe the dog misses you and doesn't like its new owner....you won't know unless you ask, but be prepared to pay.
Getting a new dog is a good option, you will have a new furfriend who will adore you and want to be with you. And next time, go to a reputable vet for boarding your dog, preferably the one who provides medical treatment and shots.
Good luck to you!
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- *****Lv 71 month ago
Probably not. It is more likely that, if you prevail, you would be awarded financial damages. Courts generally cannot compel the return of property, particularly if it has been passed to someone else.
- Nekkid Truth!Lv 71 month ago
Unless you can get the name of the person who bought the dog and essentially buy the dog back from them.. You're not likely to get the dog back. But then that may be difficult if the person does not want to give up the dog... Unless the dog has been reported as stolen and thus beccomes stolen property... But even that is iffy. If you dont know who has the dog, your chances of getting him back are zero.
You can sue your friend in small claims for the amount you paid her to care for the dog, plus the value of the dog.. Being that your dog doesnt look like any particular purebred.. The value would be whatever a shelter charges to adopt.
If there was any kibd of signed contract or agreement.. You may also have grounds to sue for additional money for breach of contract.
- JojoLv 71 month ago
If you have nothing in writing, or have some factual evidence that the dog belonged to you, you may as well forget about it all. It will just be your word against your `friends`. Did you pay your friend $1300 cash or cheque?
I suggest you get proper advice from a lawyer instead of from layman on the internet. Answers you get on here will only be `guesses`....like mine is.
- jeanLv 41 month ago
go to the police
- Verulam 1Lv 71 month ago
You've already said you are going to Court with this so you've pretty much answered your own question there. If this happened, it's theft. Are you wanting to go after this person for the return of the money you have paid him, or for the return of the dog - OR BOTH? Do you have a receipt for the money?
Just to ask for how long has the dog been away from you/with new 'owners' because whatever happens next should depend on WHAT'S BEST FOR THE DOG.
- Steve HLv 61 month ago
You can try getting your dog back, but I'd rate your chances as low. Once ownership passes from a guardian / care to an actual other owner, then usually courts will maintain the current custody.
By the way, no matter how attached you feel to the dog, since you had him looked after by someone else for an extended period of time, the court will not take into account any talk of "emotional support animal".
I would suggest it's less expensive and more productive to let him go and obtain a new puppy. He or she can be your emotional support instead and will love you unconditionally. You'll just have to ensure you're able to entirely devote your time to this new one. Otherwise the same problems may arise.