World's Largest NO-KILL
Animal Rescue
and Adoption Organization
 
 

 

Members get our updates on rescue alerts, league events, special offers and more.

sign up!

animal

Facebook YouTube Twitter
    

Like us on Facebook  
Like us on Facebook  
| Share share | email | print | A A

Search Advice

Search for:
Hint: Use * for wildcard, e.g. “adopt*” will return results matching both “adoption” and “adopting”

All Q&As
by
Elinor molbegott

Great tips and advice from the Animal League Experts.

Below are Q&As on all topics that relate to cats or dogs. Not what you're looking for? Use the form below to change your criteria, or submit your question to one of our experts.

animal
Categories
experts
 
Why does the shelter want our resold dog back?
Q:

My husband surprised our kids a few days before Christmas with a new dog. The kids are in love with this dog as am I...he is a great dog. Now we get a call from the people we bought him from saying that they got a call from the shelter they bought him from months ago. The shelter is asking for the dog back. We have paid for the dogs care and bought him for Christmas for our kids. We paid for his chip to be changed to us as well. If we have to give the dog back, it will break our kids hearts. The people we got him from for $100 said the shelter wants an additional $300 for the dog from us. Though they (the people we bought him from)already paid for and adopted him for $300 months ago.

We consider him our dog. The shelter said they want him back and will place him in a kennel until he gets adopted again. None of this makes sense...

A:

Many shelters include provisions in their adoption agreements requiring the adopter to return an adopted animal to the shelter if the adopter no longer wants to keep the animal. This type of provision is included so that the shelter can better ensure the animal’s well-being. However, I have found that some shelters will not enforce such a provision once the shelter is satisfied that the animal is in a good home. In such instances, shelters will change their records to include the new adopter’s information. If the shelter wants to pursue the new adoption fee and the "new" adopter does not want to pay the fee, the shelter can commence a legal action and try to recoup the money that way. I do not think it is common for shelters to take this kind of action. However, consider that shelters spend a lot of money to care for homeless animals and that a donation to help them to help more animals may resolve your situation and provide closure.


Submitted by Anonymous
Answered by Elinor Molbegott
Can I get my surrendered dog back from the rescue?
Q:

I surrendered my dog to a rescue about 3-4 days ago, I have been a mess about this since he's been gone, as well as the rest of my family! My question is - Is there anyway I can go back & get him? They gave him his shots already & will be neutering him next week which I gave him $100.00 to help with that. Can I go get my dog back???

A:

Usually when one surrenders an animal to a shelter or rescue group, one signs a surrender agreement which typically states that the person surrendering the animal will have no further rights to that animal. On occasion, a rescue group or shelter will re-adopt an animal to a person who surrendered the animal. However, since rescue groups/shelters want to place the animal in a humane forever home, they will have to be convinced that the person who surrendered the animal will provide such a home. In these situations, it can be difficult for a person who surrendered the animal to demonstrate that he/she will provide such care. After all, whatever caused the animal to be surrendered in the first place could occur again--- and then what? Animals can get sick, may sometimes misbehave, and life can get tough. A commitment to an animal's well-being should be life-long, even during difficult times.


Submitted by Anonymous
Answered by Elinor Molbegott
Do I have to return the dog I rehomed but recovered due to microchipping?
Q:

I rehomed a pet 6 months ago who was licensed and microchipped in my name. I interviewed and made a verbal agreement with the new pet parent that if they could not keep the pet to call me first. Two weeks ago, I received a call from an animal shelter 150 miles away. They never changed the address on the license or chip. Irresponsible pet ownership! I drove the 150 miles and picked up the dog and brought him home. Someone other than the person I made arrangements with now wants the dog back. Do I have to give the dog to them?

A:

When a person gives an animal away, the person usually does not retain rights to the animal, unless there is an agreement stating otherwise. When these agreements are verbal and a lawsuit is commenced, the parties usually have a different “story” to tell. Perhaps the person to whom you gave the dog would acknowledge that she agreed to call you if she/he could not keep the dog, but perhaps she/he would deny ever making such an arrangement. The fact that a microchip is not registered to a new “owner” does not in and of itself mean the new “owner” has no rights or that the person under whose name the microchip is registered still “owns” the animal. These cases are decided on a case by case basis depending upon the evidence presented. Hopefully, you and the person claiming the dog can reach an agreement that considers what is really best for the dog.


Submitted by Anonymous
Answered by Elinor Molbegott
What legal recourse do I have against a Rescue that sold a sick cat?
Q:

I adopted a cat from a rescue within PetSmart 8-9 months ago and a vet diagnosed him the other day with stomatitis. This was something I noticed as a kitten at the rescue but I did not know it was a serious disease. I thought the bad breath and red gums could just be gingivitis. So I asked the rescue for help and they told me to just give my cat back. Do I have any legal recourse in a civil court?

A:

Unless there is a written agreement in which an adoption agency commits to providing health care for adopted animals, it is unlikely that a court would award an adopter money for an adopted animal’s healthcare nine months (or any time) after adoption. If you have an adoption agreement, I suggest you review it to see what it says, if anything, regarding health care. I hope your cat responds well to treatment.


Submitted by Anonymous
Answered by Elinor Molbegott
What can be done if dog was cremated without permission?
Q:

What can be done if your sweet dog was cremated without permission?

A:

One can sue. In a NY case involving the wrongful destruction of a dog’s body, the court, in awarding the dog’s guardian monetary compensation, stated, “In ruling that a pet such as a dog is not just a thing I believe the plaintiff is entitled to damages beyond the market value of the dog. A pet is not an inanimate thing that just receives affection; it also returns it. I find that plaintiff Ms. Corso did suffer shock, mental anguish and despondency due to the wrongful destruction and loss of the dog's body.


Submitted by Anonymous
Answered by Elinor Molbegott
What are my daughter's resources for returning a cat?
Q:

My daughter purchased a cat ($85.00) from a Vet Clinic and when she got home the cat attacked her. She has numerous scratches on her face and arms. The Clinic told her they would not refund her money but would give her another cat. She would like a refund. What are her resources?

A:

It can take some time for a cat to adjust to a new environment. One should not ‘judge’ a cat based on the cat’s initial behavior in a new home. When one is not satisfied with a settlement offer, one can sue.


Submitted by Anonymous
Answered by Elinor Molbegott
Will a rescue dog ever legally be mine?
Q:

I recently adopted a young dog from a rescue organization. I've had him for six months and he ran off while I was watching him one day. He vanished when I put shoes on to go get him. He was across the street, but one of his tags had the rescue organization on it and the samaritan who found him called. Instead of calling and telling me he was safe and 50 ft away, they let me sweat it out for 10 hours looking for him, and sent someone 100 miles to pick him up. Now I have to drive down to pick him up, pay $200 to them for "recovery", and have been scrutinized for letting him pee unleashed. My question is will they be able to take my dog away for any minor infraction forever? Will the dog ever be legally mine?

A:

Thankfully your dog is alive and well! Unfortunately, not all animals and their guardians are so lucky after an animal goes missing. Oftentimes when animal shelters and rescue groups place animals for adoption, they do so with certain conditions which are usually spelled out in an adoption agreement. This is done to better ensure that the animal will be cared for and have a forever home. Rescue groups and animal shelters are concerned about the welfare of the animals they place for adoption and are generally in no rush to take animals back for minor “infractions.” You need to review your adoption agreement to better understand your rights.


Submitted by Anonymous
Answered by Elinor Molbegott
What can I do to get my stolen indoor/outdoor cat back?
Q:

I moved recently from a rental in Bethlehem, PA and my neighbor was caring for my indoor/outdoor cat while I got settled in my new place. I was coming by twice each day to feed him and get updates. On the 3rd evening, my neighbor told me a woman came by to show my former rental and took the cat with her when she left. I contacted her and she replied several weeks later giving me a phone number of someone she had given the cat to. When I contacted that person (via text) I was told that I abandoned the cat and was unfit to get him back. Now I can't get any info, and I want my animal back. What can I do?

A:

You can sue and it will be up to the court to decide who “owns” the cat now. If the court determines that you abandoned the cat, it is unlikely you would win the case.


Submitted by Anonymous
Answered by Elinor Molbegott
Will the pet store reimburse me for purchasing a sick dog and vet bills?
Q:

I bought a puppy from a store in Long Island. The puppy was 8 months old in November 2012. The dog was a Dachshund and by December 30th the dog was sick and had a spinal problem. I spent $2,000 to try to save the puppy but it died. The vet said that it was nothing that I did, that those dogs have spinal problems but not that young. The puppy was not even a year old and I barely had her for two months. What are my rights? Can the puppy store reimburse my money for the purchased dog and can they also pay for the vet bill?

A:

I am very sorry for your loss. According to NYS law, if within 14 business days following the purchase of a dog or cat from a pet dealer (which includes pet stores and many breeders), a veterinarian certifies the animal was unfit for purchase due to illness or a congenial malformation which adversely affects the animal’s health, the purchaser has certain remedies. These remedies include the right to reimbursement of veterinary expenses up to the purchase price of the animal, the right to return the animal and receive a refund, or the right to exchange the animal and get an animal of equivalent value. This law also states that pet dealers may not knowingly sell any animal that has a diagnosed congenital condition or contagious disease that adversely affects the health of the animal without first informing the consumer, in writing, of such condition. However, since you purchased the dog several months ago, this law is not likely to be helpful to you. Also, it may be difficult to prove that the seller knew of the animal’s spinal problem or that the spinal problem was congenital. Sometimes, purchasers can be successful in lawsuits against pet stores even if the purchaser does not act within the time frame set forth in NYS’s pet sale law. Purchasers could allege a violation of the Uniform Commercial Code (UCC). The UCC is a more general law that pertains to the sale of goods by merchants (in your situation, the pet store). This law generally requires merchants to sell goods that are merchantable (fit for sale) unless otherwise agreed upon by the parties. Again, it may be difficult to prove that your dog had health issues at the time of sale or that the seller knew about the health problems.

Dogs sold at pet stores often come from puppy mills--- breeding facilities where animals are kept in overcrowded and unsanitary conditions. The result is large scale suffering (remember the breeder dogs spend much of their lives in cages and without socialization). There is also inbreeding (which can result in congenital problems that may not be immediately detected).


Submitted by Anonymous
Answered by Elinor Molbegott
What can I do to get my microchipped Shih Tzu back?
Q:

So we lost or someone stole our dog. The case is a vet in Houston scanned him and called us that he was found. The new owners refuse to give him back and I don't know what to do. Because I don't live in Houston, Texas. I live in New Braunfels, Texas. I have made a police report in Houston & the police say they can't force her to give him back. What can I do?

A:

You can bring a civil action for the return of your dog. Consult with an attorney in your area immediately.


Submitted by Anonymous
Answered by Elinor Molbegott
Items 161 - 170 of 445  Previous11121314151617181920Next

 

Browse our extensive expert advice by selecting categories below:

Show Expert Advice by Topic

Animal:
Topic:
Advice Type: