Lost/Found Dog Legal Question - Page 1

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by k9sar06 on 06 January 2009 - 04:01

I read this thread: http://www.pedigreedatabase.com/gsd/bulletins_read/184187.html#184245
But didn't find much help.

But here is what has happened....
One of my dogs disappeared the night of Nov. 21st  - I didn't know she was gone until the morning of the 22nd. I immediately notified my local police, vets, animal shelter and sent e-mails to all rescues within 2 hrs of me plus did a 1 mile radius door-to door handing out flyers. Nothing! Each weekend I would broaden my door-to-door search around my house with printed flyers and update the rescues, animal shelters and vets in surrounding counties. Well....today about 6 weeks after she disappeared I get a call from one of the rescues that someone placed a found ad in my local paper for a dog matching mine's description with their out of state VA phone number. I call the number (I'm in KY & the # is a VA #) and no one answered so I left a message for them to call me that I had a dog go missing and thought that they may have found my dog and left my #. They called me back a few minutes later and then refused to give me any information other than they live in VA but are in Maryland on a business trip and won't tell me anything until they get back to VA on Saturday. The woman said the dog was with her parents while she's out of town but that she and her sister were in KY delivering a tree on the 22nd and found the dog. She claims they took it to a local vet and then decided to take her home with them when she didn't have a microchip. She couldnt' tell me any information about the vet or any other information. She kept asking me how old is she....can you prove ownership...etc.  The dog is AKC registered in my name but is not microchipped and I tried to contact the previous owner to see about a tattoo but most likely not. I have several pictures of her and EXTENSIVE vet records on the dog for the few months I had her. I contacted my local police and they spoke with the woman and they think she is crazy and she refused to say anything more to them other than to tell me not to call her and that she would call them on Sat. when she returns to VA. Again, I live in KY and the dog was found in KY.  My question is - what legally can I do to get my dog back?


by SitasMom on 06 January 2009 - 04:01

 

show your photos and offer this person $100 finders fee, make it $200 if that doesn't work


SchHBabe

by SchHBabe on 06 January 2009 - 15:01

Wow that sucks! If the dog is not positively identified by microchip or tattoo then I can imagine it would be difficult to *prove* that the dog is indeed yours. If I were in your shoes I'd offer a nice reward to those people for the safe return of your dog... $500 or $1,000 or whatever you think appropriate. Make it easy for them to "do the right thing." Otherwise, if you try to pursue legal action you'll like flush away three times that amount on lawyer's fees and still may not win in court. I hope you get your dog back! What a terrible situation. -Yvette

by muttlover25 on 06 January 2009 - 15:01

Definately offer a large reward and thank them profusely, if she's crazy [and sounds like she has some issues!] then hopefully she will be pleased with the cash.  Are you willing to drive to VA to pick her up? I would wait till Sat and hopefully she does contact you, if not do you know what area in VA she is from? Contacting the local shelter would be my first step, also the police local to her area.  With our shelter we get in alot of strays, people do not have to show a tattoo/microchip since most in our area don't do either. We do ask for proof such as photos, license and medical records especially if the dog was in our care for 6 weeks. It sounds to me like she might be getting attached to the dog, NOT a good thing.

Best of luck and keep us posted.

Amy


by 1doggie2 on 06 January 2009 - 16:01

I would think if she intented to return the dog, she woud do so before takig him home. Is she taking him home for a test drive, to see if he fits in, hubby will allow? I would call a PI right now and give him the phone number that you called and get an address on that dog, the minute she took him outside I would call him to me and leave.

I am sorry but this wait until I get home, does not sound good.


by Bob McKown on 06 January 2009 - 16:01

D.N.A. test to a parent or sibling.


Desi209

by Desi209 on 06 January 2009 - 16:01

Good luck.  Hopefully she will find it in her heart to give you YOUR dog back.  I am sure the dog is stressed without you.  Hire an attorney


by LPK on 07 January 2009 - 01:01

I just sent you a PM... :)


windwalker18

by windwalker18 on 07 January 2009 - 02:01

The one situation where  you might not be able to legally claim her is if the dog was surrendered to a dog warden and held for the required time. This varies in each state, here it's 7 days, other places 5... if the dog was surrendered and held in that manner, then adopted from the Dog warden I believe it is legally theirs.  If however they took the dog without surrendering it to the local warden where it was found You may still be able to get the dog... but the old axium is that posession is 9/10's of the law... so in part it depends on how honorable the people are.  If they're conserned that you may not truely be the dogs owner that's one thing, but if they are trying to keep the dog @ all costs they can shuffle it from friend to friend and it could be hard to find her.  I'd push hard and fast to get the dog into legal custady somewhere so that her whereabouts can't be changed.  Then work thru the legalities and such of trying to prove that she's yours and get her back.  Best of luck...


by TessJ10 on 07 January 2009 - 02:01

She kept asking me how old is she....can you prove ownership.

The answer to this is always, "YES" no matter what.  Sounds like she's checking out to see if you can or not and if not, she's got herself a nice dog, so tell her HELL YES, I have photos, I have witnesses, plus the dog will know me.  Heck, tell her you have nose prints - they can be used to identify a dog.  Don't have to tell her they're on your patio door.  The point is YES, you can prove she's yours, so as others have said, thank her profusely and offer a reward and take someone with you.

My question is - what legally can I do to get my dog back?

Get a lawyer.  Apparently you now have her name & phone number - have a lawyer send her a friendly, thankful letter.  Or at least send the letter yourself and cc a lawyer - that might work, too.

And c'mon, the vet story is just that - a story.  She can't give you any information on the vet?  Bull****

With her name and phone # you can find out where she lives and go get your dog.  Just don't go alone.  Ask the local cops to go with you so everything's on the up and up.  IOW, if someone in VA had my dog I'd arrange to come get it and pay a reward.  If they stopped talking to me, you BET I'd get myself to VA, stopping at the local police station once there (may be State police if a rural area), and ask them to accompany me, and just go to her house and get my dog.






 


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