Question
My dog is chipped and everything, but the shelter did not contact anybody that they were supposed to contact. They just gave my dog to a rescue. Is there anything I can do to get them back?
California, USA
Answer
California law states in part: “…before the adoption or euthanasia of a dog impounded pursuant to this division, a public or private shelter shall scan the dog for a microchip that identifies the owner of that dog and shall make reasonable efforts to contact the owner and notify him or her that his or her dog is impounded and is available for redemption.” Failure of a shelter to comply may affect rights to the dog.
People who believe that animal control wrongfully placed their animal with a rescue and will not return the animal can commence a civil lawsuit, such as an action to recover the animal (claim and delivery), to try to get the animal returned. Time is of the essence since after an animal is rehomed, the lawsuit becomes more complicated and it is more difficult to get the animal returned, in part because the rescue no longer has the animal to return and courts have been reluctant to order the release of adopters’ contact information. Consider attorney representation.
PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Send Your Pet Legal Question Now!
Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.