I recently ended a relationship with an ex and am in a bind, as she is in possession of my dog. Legally, if she refuses to give him back (we had a verbal agreement about her returning him to me) can I charge her with theft?

Also, I am taking her to small claims court for about $2000 she owes me. Are corresponding emails stating the amount, and her emailed agreement to pay me back, going to be strong enough evidence to win?

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Originally Posted by wishinevermether

I recently ended a relationship with an ex and am in a bind, as she is in possession of my dog. Legally, if she refuses to give him back (we had a verbal agreement about her returning him to me) can I charge her with theft?

Also, I am taking her to small claims court for about $2000 she owes me. Are corresponding emails stating the amount, and her emailed agreement to pay me back, going to be strong enough evidence to win?

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Well, if you're already taking her to small claims court over the money she owes you, why not file a claim there for your dog? The e-mails should help you win your case and get your money back. The dog now is another case, very hard to prove verbal agreement unless someone besides the two of you were present.

Well, we had a written agreement a while ago (luckily) and she borrowed him for a few weeks. When the original return date came up, she (again, luckily) left a message on my phone stating she would like keep him for a few more days until she returned him for good. Does that seem like decent enough evidence? Thanks for the help!:)

Sounds pretty good on your part... bad on hers. However, the dog situation is a little sticky... they can't make her GIVE you the dog back... but they can make her pay for the dog. I would get any info on how much the dog (and I know this isn't the point to you) cost you or how much you would have to pay to get another one like it. The rest is gravy... just don't delete the messages... print them and keep them in a folder and get the message copied off your phone (I believe the phone company can do that for you).

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Originally Posted by rpg219

Sounds pretty good on your part.......bad on hers. However, the dog situation is a little sticky....they can't make her GIVE you the dog back...but they can make her pay for the dog. I would get any info on how much the dog (and I know this isnt the point to you) cost you or how much you would have to pay to get another one like it. The rest is gravy....just don't delete the messages...print them and keep them in a folder and get the message copied off of your phone (I believe the phone company can do that for you).

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Yes, they can make her return the dog if you can prove it is your dog, she "borrowed" it and won't return it. Is the dog licensed/registered in your name? Whose name is on the Vet bills?

Sounds like you have proof on the debt - don't get the messages copied from your phone. Transcribe the messages so you have a hard copy and then take the phone with the messages still on it to Court so the Judge can read and listen at the same time.

All of this is your word and your proof against her word and her proof - and the Judge will believe one of you.

No you can't charge her with theft, the police/DA have to do that. And even a written agreement will not get her charged with theft, this is fully a civil matter and you will just have to sue for your things back in court.

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Originally Posted by Fr_Chuck

No you can't charge her with theft, the police/DA have to do that. and even a written agreement will not get her charged with theft, this is fully a civil matter and you will just have to sue for your things back in court.

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I should have been more clear - I meant that the COURT could order the dog returned, not the Police -