How would you handle this? - Page 1

A paid ad in a local newspaper has been placed using a picture of one of our dogs.  The person who placed the ad was the previous owner of that dog.  They do own the picture but do not own the dog anymore.   We did get that particular dog from that person.  The ad is not to sell puppies but to bash other breeders.  There is no name or phone numbers to tie anyone to the ad except the picture of OUR dog.  I have received calls inquiring why I had placed that ad, and asked if I had problems with other breeders. These people all recognized the dog as mine and that is why they thought I placed the ad.   As I expected the person that placed the ad wanting other breeders to think I was saying "not so nice things" about them.  

This person gave us the dog pictured in the ad because she no longer wanted to continue treating him for heartworms so she gave him away to us.  The dog is now treated and heartworm free and now she demanded we give her the dog back. I refused to put him back in the situation where he and other dogs were infected with heartworms.  She told us she was not done with us!  We have since than been visited by A/C  and local authorities and even had a kennel and record inspection done.  Of course the caller was anonymous.  The caller, which was identified as being a female,  claimed our dogs were living in filth, sickly and neglected.  Well, needless to say the departments involved were not happy when they arrived and saw exactly how our dogs were.  Totally opposite from what the caller claimed!!  Obviously we passed inspection with flying colors.  We showed them the threatening text messages and emails we received from the person we suspected at that time.  They were also suspecting it to be the same person as the text messages and emails clearly showed her intent.

 I thought it would stop there, but with this ad using a picture of a dog she no longer owns and is now OURS, I guess she is making another attempt at frightening us in hopes we give her the dog back.  I really feel as though this person has some type of serious medical condition which prevents her from thinking logically, especially since her significant other works with a Police Dept.  Surely she has to realize the unlawful actions she is doing.  With that in mind, opinions on how you guys would deal with this.  Also, I have mail emailed her asking her to please take our dog's picture off the ad.  The first picture was taken down, but this woman put up another one.  That is an example of why I don't think she is mentally equipped to know what she is doing.  I feel as though an ethical and honest person would not do such things.  How do you all feel?  Opinions please!

If you are asking about the pic, she owns the picture and can do with it what she wants.

What is the AD in the paper, maybe the previous owner did have issues with the breeder. What exactly is this person doing that's against the law you state threatening text messages, If they are indirect it's not against the law. If they are direct threats any Police Department can get a subpeona and trace the emails from wherever they came. You also stated the calls to A/C were anonymous so there is no proof she is the one who made the calls, so as far as harassing it doesn't seem like you have enough proof to file anything. IMO There's not enough details to make any decision.

File harassment charges against her, and take her to small claims court.

I know, I know, that seems to be my answer a lot this week, but really--this kind of thing, I've sorta been through.  You will have NO peace from this woman until you file the charges and take her to court--I had the health department and animal control at my place constantly because I had a neighbor who didn't think I should have had sled dogs in the NJ Pine Barrens, and it took several months of unannounced inspections before the woman had run through all of the inspectors with both departments and they finally refused to come out again when she'd call.  It only stopped when I filed against her. It was worth every penny it cost me to file the case in small claims court.

As far as her using the picture, meh. If you really are bothered by it, take a picture of the dog yourself, and put a disclaimer ad in that same paper--and include the fact that this woman gave up on the dog because of the heartworm treatment but now wants the dog back since you paid all the costs of getting him healthy.

But I'd just file the charges and the case, personally, and be done with it. Nothing really to be gained by spending the money on an ad.

winn lotto, get dog trained to attack everyone but u, then return the dog....lol, no seriously, are u a breeder? if so and actually have a buisness, u may be able to sue for deformation of charicter if u can prove the what she is doing is loosing u money

I'd contact the newspaper and threaten them with action if the pic of YOUR dog is not removed, even if you don't have any legal right to the picture, most papers will shy away from aggro if there is any possibility of a grey area or colluding in a harassment campaign.  If the newpaper office is local, go and see them with a copy of the dogs medical record to prove the condition he was in and the costs to your self as proof he is your dog and they may even do a vindicating story on it if news in the area is slow.

Margaret N-J

This looks like a pretty clear case of harrassment, you need to go through the proper steps of documenting the harrassment, consider getting a restraining order and filing harrassment charges.  
The newspaper will have records of contact information for who paid to put that ad in the newspaper, find out how you can get that information (may have to be through the courts.) 
Get names and statements from all the persons who told you they though the ad in the newspaper was put there by you.  
Get statements from each of the persons who came to your place and inspected your dogs and premises after those phonecalls were made to their departments.  (to show that the allegations were false and unwarranted.) 
Once you have enough evidence that clearly points directly back to the person, then filing lawsuit for libel (the ads in the newspaper) and slander (the calls made to departments that investigated your dogs) and resulted defamation of character and loss of potential business opportunities from that.  

I have NO problems with the information the ad contains.  Some of it is valid and makes sense.  Its the fact that she used a picture of our dog.  I do understand the picture itself is hers, BUT not the dog in the picture.  It is clear what her intent is and that is to make other breeders believe I submitted the ad.  I have just heard that she has had bad dealings with several clients and with a dog she recently purchased.  The ad is probably directed at them.  This woman has a tendency to have issues with all who come in contact with her.  I am not even her friend, never was.. I just got that ONE dog from her. End of communications with her until she decided she wanted that dog back.  I realize that  there has been no direct obvious indication it is me she is refering to in the ad. Its more than likely not me. But to use a picure of OUR DOG, not hers, is an obviously indication she wants people to think its me, or in general someone else.  If that isn't her intentions, I am sure she would have used a picture of her own dog.  

Oh I forgot to mention that the picture she used is one she sent to me so I could see what he looked like before we got him from her.  So that's kinda stupid to use that picture.  HA HA,  I just realized that since I still have the email from her that includes this picture, wouldn't that be a direct tie to her.?  Guess tomorrow I will be taking care of this once and for all!  

THANKS EVERYONE!!!

Hutchins:
Kaffirdog and Euroshepherd have good suggestions, if
things don't work out quite how you'd like tomorrow;  it is
worth talking to the newspaper and explaining the results
of the ad they published.  Good luck, either way.

Also, if you know how to contact her 'other half' and are
really concerned that she is in a bad place mentally, would
it be worth having a quiet word with them ? 

@Hutchins: My advice would be to doccument all communication (emails, text messages, newspaper ad etc. Take this information and have a police report made, ask police dept about harrassment/stalking etc. Laws in different states vary on this issue. Next I would notify the editor of the newspaper that you are formally requesting in writing and in person to not run your dogs' photo without your written permission, and show proof of ownership ALso make sure you have documentation of medicallll/transfer of ownership or witnesses, vet statements etc.. Now, the newspaper may or may not honor this request, but the purpose is to show a small claims court judge that you have tried every peaceful way possible to resolve this issue. At that point, I would notify him/her in writing via registered mail that if this activity does not stop you will file a court action. When you send the registered letter, send a second copy by regular mail. Most of the time when a person is expecting something (like court etc) they will not accept a registered letter but will open regular mail, assuming there is no proof they received it. At the bottom of the letter, tell this person clearly that you have sent this letter both ways.  This prohibits her/him from claiming it was never received. After that, determine how long you want to wait before filing small claims. I am no expert, but this is the legal advice I was given by an attorney when I had to file a similar suit a couple of years ago. I purchased a dog at a reduced rate because he was from a  previous litter. After I bought him, the seller had an offer for her original asking price. She wanted the dog back, but of course I said no, we were already attached to him. She tried everything, phone calls, bad mouthing us to the neighborhood, telling people the price of the dog and claiming we paid some and never paid the balance (we had all documentation) etc. It was a nightmare, but we did indeed prevail in court.
I hope all goes well for you in this situation, and am so sorry to you hto endure this. I will say a prayer for you and your dog