Ask Me Help Desk - Ex-Friend Seeks to Repossess my Dog!

Hi, I am concerned with what I am legally responsible for in regard to this situation:

8 months ago a friend of mine was buying a dog. She lived with me at the time. She didn't want to raise a dog alone so she asked if I wanted to buy a second dog so it would have a playmate. I said that I could not afford a dog. She offered to buy my dog as well since she was financing anyway. In appreciation of this, I offered to attempt to pay her back when and if I could. No formal agreement, just to do what I can. Since then, I have paid her $50 a month except for one month somewhere in the middle, due to some other bills.

We are no longer friends for other reasons and this has caused her to pursue me paying off the dog bill in full. Or at least the part that would cover my dog. I told her I can not afford to, let alone did we have an agreement to have me definitely pay for the dog. She asked for me to pay more a month. I told her I can barely afford the payment I am making now. She doesn't want to have to see me anymore, and that is my preference as well, so I offered to just mail monthly payments of the same $50 a month to her. She said if I am not willing to compromise, she was going to take the dog back. She actually came by my apartment to do just that. She still has access because she is still on the lease even though she no longer lives with me. She moved out prematurely.

Understand that I am not some jerk that is looking to stiff her on a bill. But, I would like to know exactly what my responsibilities are if anyway. I feel like my payments are a kind gesture to repay a kind gesture, not via a contract since none was given. So with all this said, I have the following questions:

1. Since the dog is financed under her name, does this mean she legally owns the dog?

2. If so, does this still hold true, granted that she gave me the dog, I have raised it, paid for all it's necessities, taken it to the vet, and registered it under my name, and she has had no involvement with the care for or raising of this dog?

3. If the dog is considered legally mine, is it mine with or without continuing to pay her?

4. If I am responsible to make payments, is she allowed to change what that amount is at her leisure? And how do I know specifically what would be a required payment, given that there was no written nor formal verbal agreement in regard to it?

I just want to know what threats of hers have any kind of backing and if I can sleep at night knowing that if my dog is stolen, I can do something about it. She is like a baby to me and I find it beyond cruel to use it as a means of manipulation. I just want her to be safe. I don't trust what will happen with my dog if she is in the hands of someone who takes her away just for malicious means.

Please let me know your responses are what you are confident to be a legally true answer vs. general advice so I don't get confused.

Thanks in advance for anyone's helpful advice.

The dog has been living with you. The dog knows you as it owner. You have to do everything that would claim the dog belongs to you in court. Does the dog have a dog license in your name? If he has no license get one in your name and address. Save vet bills and anything that can prove the dog is in your care. Try to send her even $5. or $10. Every chance you are able to.
It seems to me the Judges more often grant dog custody to the one that the dog is more attached and accustomed to and has been caring for the dog.

You had a verbal agreement to pay her for the dog, you own it, but you owe them for it. They may sue you in court for the balance of this loan
(unless you can prove it was a gift) but you making payments sort of show it was a loan.

So while they may not repo the dog ( depends on judge) they can get a judgement for the money you owe them

Quote:

Originally Posted by OddGod

1. Since the dog is financed under her name, does this mean she legally owns the dog?

2. If so, does this still hold true, granted that she gave me the dog, I have raised it, paid for all it's neccessities, taken it to the vet, and registered it under my name, and she has had no involvement with the care for or raising of this dog?

3. If the dog is considered legally mine, is it mine with or without continuing to pay her?

4. If I am responsible to make payments, is she allowed to change what that amount is at her leisure? And how do I know specifically what would be a required payment, given that there was no written nor formal verbal agreement in regard to it?

I just want to know what threats of hers have any kind of backing and if I can sleep at night knowing that if my dog is stolen, I can do something about it. She is like a baby to me and I find it beyond cruel to use it as a means of manipulation. I just want her to be safe. I don't trust what will happen with my dog if she is in the hands of someone who takes her away just for malicious means.

Please let me know your responses are what you are confident to be a legally true answer vs. general advice so I don't get confused.

Thanks in advance for anyone's helpful advice.

If you need a legally true answer you have to go to an Attorney in your area who knows the laws, has a lot more info about the subject. That being said how about an informed opinion?

(1) Financing does not change ownership.

(2) The dog is registered in your name; it's your dog. Care/training/whatever do not enter into the scenario.

(3) Yes, the dog is yours; yes, you owe her the money - you can't claim it wasn't a loan because you have admitted to making payments.

(4) You must have an agreed upon amount per month - if not, then whatever you were paying her per month and she was accepting becomes the agreed upon monthly amount.

If she steals your dog she will do just that - steal your dog. It's a criminal offense and she can/will be charged.

I would also tell "her" to stop threatening you and that any/all calls from this point forward are harassment.

I would also watch the dog like a hawk.

Two comments just for the heck of it: (1) How much was the dog; (2) What kind of dog.

Quote:

Originally Posted by OddGod

1. Since the dog is financed under her name, does this mean she legally owns the dog?

2. If so, does this still hold true, granted that she gave me the dog, I have raised it, paid for all it's neccessities, taken it to the vet, and registered it under my name, and she has had no involvement with the care for or raising of this dog?

3. If the dog is considered legally mine, is it mine with or without continuing to pay her?

4. If I am responsible to make payments, is she allowed to change what that amount is at her leisure? And how do I know specifically what would be a required payment, given that there was no written nor formal verbal agreement in regard to it?

1 & 2. Whoever the dog's license is registered to, owns the dog. So that would be you.

3. The dog is yours, but see comments below

4. By making payments, you basically acknowledged that this was a loan. So a court would agree that you had to pay it back. IF she wins in court (a likely happenstance) then she could repo the dog as the collateral for the loan.

Quote:

Originally Posted by ScottGem

1 & 2. Whoever the dog's license is registered to, owns the dog. So that would be you.

3. The dog is yours, but see comments below

4. By making payments, you basically acknowledged that this was a loan. So a court would agree that you had to pay it back. IF she wins in court (a likely happenstance) then she could repo the dog as the collateral for the loan.

Well, that's good news, cause I didn't really have plans to stop paying her anyway, so I figure long as I continue making the payments, and the dog is in my name, she won't have a leg to stand on as far as trying to take the dog back.

Or at least that is my understanding on what you are saying yes? She can't just randomly demand a full payment if there is record of me already paying her a particular amount each month. If she denies I paid anything, then the court will wonder why it took her 8 months to decide she wanted money and/or the dog back right? Cause I paid her in cash, which in restrospect kind of stinks, but she can either admit to the payments made and continue or not admit and it will back up the fact it was a gift in the first place.

Quote:

Originally Posted by OddGod

Well, that's good news, cause I didn't really have plans to stop paying her anyway, so I figure long as I continue making the payments, and the dog is in my name, she won't have a leg to stand on as far as trying to take the dog back.

Or at least that is my understanding on what you are saying yes? She can't just randomly demand a full payment if there is record of me already paying her a particular amount each month. If she denies I paid anything, then the court will wonder why it took her 8 months to decide she wanted money and/or the dog back right? Cause I paid her in cash, which in restrospect kinda stinks, but she can either admit to the payments made and continue or not admit and it will back up the fact it was a gift in the first place.

As far as any Judge allowing her to "repossess" the dog - I think that would be an uphill fight for her.

Anyway - otherwise you understand correctly. The payments you WERE making in the amount you WERE paying ARE the contract. Did you default by skipping payments and so she can make up new rules? Possibly. Is it worth dragging you into Court and having the Judge order you to make payments, particularly if you resume payments, no.

You absolutely are in target in the "paid in cash/admit or not admit and then it's a gift" category. Absolutely!

You should give lessons to other people who post and then don't bother to read/understand the answers.

You never told me what kind of dog - I have German Shepherds, myself.

Can you change the locks to secure your dog's safety when you're not home? Does your landlord know she moved out?

Since you're mailing payments now, perhaps you could include an invoice with your check. Something like:

Owed $2,000 to her name on date she bought your dog

Paying $50 of remaining $950 with check #123 on 4.21.08

Also, keep voice mail messages or email that refer to payments. Producing an email that says "OddGod, I didn't get the $50 payment this month, where is it?" will help paint the picture of your ongoing payments. Did anyone else know about the arrangement and maybe witness you paying her on one or more occasions?

Quote:

Originally Posted by lavenderpurple

Can you change the locks to secure your dog's safety when you're not home? Does your landlord know she moved out?

Since you're mailing payments now, perhaps you could include an invoice with your check. Something like:

Owed $2,000 to her name on date she bought your dog

Paying $50 of remaining $950 with check #123 on 4.21.08

Also, keep voice mail messages or email that refer to payments. Producing an email that says "OddGod, I didn't get the $50 payment this month, where is it?" will help paint the picture of your ongoing payments. Did anyone else know about the arrangement and maybe witness you paying her on one or more occasions?

Actually the "invoice" idea is a good one but it has to be written on the check, not on a separate piece of paper where either party can argue it was or was not included with the check.