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 Instagram 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
Legal Category
 
Former roommate/landlord won't return my cat.
Q:

Former roommate/landlord (same person) kicked me out after physically attacking me twice. Police did nothing. I had to leave immediately without any of my personal belongings. This woman did agree to care for my 2 cats until I got resettled, then ceased all communication. I provided food & attempted to retrieve my kitties several times (emails & texts prove). Sheriff has been there twice but she refuses to say who has my kitties. What can I do? I love my girls Its killing me.

A:

Individuals who believe that their animals are being wrongfully withheld can sue for the return of their animals (known as a replevin action). These cases get more complicated when the person being sued no longer has the animals, but courts may order the release of the name of the person who does have the animals and that person may sometimes be brought in the case as an additional defendant.


Submitted by Anonymous
Answered by Elinor Molbegott
Pet sitter neglectedmy dog.
Q:

I had a friend whom I paid to watch my9 year old basset hound for a period of 3 months. I gave him a list of instructions in regards to cleaning his ears, clipping his nails, and other maintenance. The sitter sent me photos weekly of my dog and how he was doing, In the agreed contract him and I signed regarding his care, there was an agreement that if given 24 hour notice, I could pick my dog up and spend time with him or chicken him. This deal was met for the first month. After the first month, he then refused to allow me to see him, and stopped sending updates. He also contacted me once to say he could no longer watch him, and that I had 24 hours to pick him up, or he would put my dog in a shelter. I immediately moved and found a new home that allowed pets, and picked up my dog, two days after he notified me he would be breaking our contract. Upon picking my dog up, I noticed his tail was broken, something that was not told to me. It has healed weird and there is no pain. I took him to the vet and they said his ears were not cleaned, leaving him with a horrible yeast infection in them. Because he didn't clip his nails in two months, my dogs toes were slanted and it caused him great pain to walk. I am upset that he failed to meet our contract agreement, neglected his needs, refused to allow me to see him, threatened to put him in a shelter if I couldn't take him in 24 hours or agree to give him rights to my dog. I had to call the police to escort me to pick my dog up. The day after, i took him to the vet. Can I get payment from him of the vet bills for the neglect during the time he watched him, or sue him for animal neglect? I am so heartbroken about the situation and don't know my rights. Since the return of my dog, I have not been in contact with the sitter. Any info would be appreciated.

A:

I hope your dog is doing much better. A person can sue for breach of contract and monetary damages resulting from such breach. Well-drafted contracts clearly specify the rights and responsibilities of the parties, including rights if the contract is breached, so it is important to carefully review the contract. Persons who board animals are responsible for providing humane care. Small Claims courts are a relatively easy and inexpensive venue to try to resolve small monetary disputes.


Submitted by Anonymous
Answered by Elinor Molbegott
How can I bring a civil suit against ex who gave away my cats?
Q:

How do I go about bringing a civil suit on my separated spouse for giving my 2 prized cats away without my permission.� I have paperwork they are mine.� I would like a contingency lawyer to do this now, not during the divorce.

A:

It will likely be difficult to get an attorney to handle such a case on a contingency basis unless the cats have a very high monetary value, it can be proven that the cats are yours, and the case is brought for money (not for the return of the cats). A case for the return of cats can be brought if that is the relief sought (but don�t expect a contingency arrangement�most attorneys want to get paid in money, not �a share� of a cat). Alternatively, one can sue for money in Small Claims Court even without an attorney (these courts tend to be user friendly). According to Missouri Small Claims Court rules, the maximum amount one can sue for is $5000 and the court does not handle cases for the return of property. Since rules change from time to time, check with the clerk of the court.


Submitted by Anonymous
Answered by Elinor Molbegott
Woman will not return my puppy.
Q:

This lady found my puppy, took her to the shelter and then took her home. I contacted her several times. At first she said she didnt have her, she left her at the shelter. I went to the shelter numerous times my puppy isnt there. The shelter said she has her. Now the lady isn't responding or answering to any of my calls or texts or emails. What should my next step be?

A:

An individual who believes that his or her animal is being wrongfully withheld can sue for the return of the animal (known as a replevin action). Shelters are generally required by law to hold animals for a specified number of days (the number differs throughout the country) before making an animal available for adoption or euthanizing the animal. It is important to act quickly in these situations. Consult with an attorney in your area.


Submitted by Anonymous
Answered by Elinor Molbegott
Can I get my therapy dog back from ex?
Q:

I recently sent my dog back to an ex of mine and now he refuses to give her back. She is my certified therapy dog and I spent a year of training with her. What is making this difficult is only his name is on the adoption papers. What should I do, if there is anything??

A:

An individual who believes that his/her animal is being wrongfully withheld can sue to try to get the animal returned. While adoption records are one indication of �ownership,� court would consider what transpired after adoption, including, for example, whether the dog was subsequently given away, sold, or abandoned, who has been the dog�s primary caretaker, and who has paid for the dog�s needs (food, veterinary care, etc.). Courts would also consider the circumstances behind why a person who is claiming �ownership� of an animal and further claiming that the animal is a therapy dog would send this same animal back to an ex.


Submitted by Anonymous
Answered by Elinor Molbegott
Can SPCA take my cat without a warrant?
Q:

The SPCA took my cat away from me and I didnt see a warrent, or wasn't given a warrent. She snatched her right of my boyfriends hands without my permisson. She told me I have 5 days to pay her and I can get my cat back. Can I press charges and how can I get my cat back for something that was illegally done.

A:

SPCA officers typically do not seize animals unless they have reason to believe the animals are being neglected or otherwise mistreated. Search warrants are sometimes needed in order to legally seize an animal. Animals who are seized due to alleged abuse/neglect are not generally returned unless the defendant is found not guilty of the charges, a plea deal is reached, or the inhumane situation is rectified (for example, better shelter for an animal is provided). Persons charged with cruelty to animals should have legal representation. Animal control officers usually have the authority to seize animals running on public property. Also, individuals who find animals will often take the animals to local shelters. In these circumstances, shelters/animal control must hold the animals for a specified number of days (the number of days varies throughout the country) to give the animals� �owners� an opportunity to redeem their animals (after which time the animals may generally be placed for adoption or euthanized). An animal�s �owner� can redeem his/her animal upon payment of an impoundment fee (the amount is often specified in the law and also varies throughout the country). Because the life of an animal could be at stake, even if someone believes that his/her animal was illegally seized, it is generally wise to pay the impoundment fee, redeem the animal within the time specified in the law, and then focus on attempting to press charges (if one has grounds for taking this action).< /p>
Submitted by Anonymous
Answered by Elinor Molbegott

Does abandoned dog belong to Humane Society?
Q:

My brother in law found a dog who was abandoned. He located owner, and told him she no longer wanted the dog. Can animal control come take the dog after he has already become attached, and has given her a safe and loving home with his other dog who has also become attached? Animal control claims the dog belongs to the humane society.

A:

Some animal adoption agreements provide that if the adopter no longer wishes to keep the animal, the adopter must return the animal to the humane society that adopted out the animal. Despite these provisions, typically the humane society or animal control officer would not have the right to simply remove the animal from the third party (person who the adopter gave the animal to or otherwise allowed to keep the animal). Often, new adopters can work out an arrangement for transfer of name with the humane society. If the humane society is not satisfied with such an arrangement, it has the option to sue (but often does not unless there is genuine concern that the animal is being neglected or abused in the new home). I suggest that your brother-in-law consult with an attorney in his area who, hopefully, can resolve this situation in the animal's best interests.


Submitted by Anonymous
Answered by Elinor Molbegott
Do I have to take dog back?
Q:

Hello, I had to give my Dog away because I could no longer take care of the dog or afford the care for the dog. A very nice family came over and loved the dog and they accepted the dog and said they enjoyed him. Now 2 1/2 weeks later they want to give the dog back. They say because he bit their neighbor. I do not believe that as the dog has never bit anyone before unless they were really messing with him. Do I have to take the dog back as I cannot afford to. Thanks.

A:

Generally a person who gives his/her animal away has no further legal rights or obligations with respect to the animal.


Submitted by Anonymous
Answered by Elinor Molbegott
Is it animal abuse if the dog spends it's life in a kennel?
Q:

I work at a kennel, and there are several dogs there that we have from a rescue. We are not allowed to play with these dogs, walk them or anything. They stay in the kennels inside or outside. That's it. If the dog has no chance to be adopted out, and lives its life in a kennel forever, is it animal abuse? It seems like it to me.

A:

Maryland’s animal abuse/neglect law provides, among other things, that a person who has “charge or custody of an animal” may not “unnecessarily fail to provide the animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air space, shelter, or protection from the weather.” Sometimes the failure to provide a good life for an animal does not fall within the scope of the animal cruelty laws. When animal neglect/abuse is suspected, local law enforcement authorities should be contacted. Some rescues take animals who would otherwise be euthanized and place them in kennels while they try to find good homes for the animals. Have you considered speaking with a representative from the rescue group to find out what their plans are for these dogs?


Submitted by Anonymous
Answered by Elinor Molbegott
Can I sue the people I gave my dog to for abandoning him?
Q:

Can I sue the people I gave my dog to for abandoning him ? Yesterday night I got a call from a lady miles away from where I live saying they found my dog. The new owners abandoned him and when I called to ask if he has escaped they lied and said the dog was with them. The day I gave my dog to the new owners I gave them a lot of stuff so that he would be well taken care of.

A:

Animal abandonment is against the law. Animal abandonment complaints should be made to the police, SPCA, and any other entities in the state with authority to enforce animal abuse laws. Generally a person who gave away his/her animal has no further claim to the animal and would likely not be entitled to any compensation if the animal were subsequently abandoned or mistreated.


Submitted by Anonymous
Answered by Elinor Molbegott
Items 21 - 30 of 729  Previous12345678910Next

 

Browse our extensive expert advice by selecting categories below:

Show Expert Advice by Topic

Animal:
Topic:
Advice Type: