Ask Me Help Desk - How can I win my dog back?

how can i win my dog back?

My X and I adopted a dog together back in January of 2011. All of the dogs vet bills are under my name. I have paid for all expenses for shots and what not. Over the summer she got involved in the party scene and when I would come home from work at 11 - 12 am I would see her asleep on the couch and ask if the dog has been out and she would say no. She was not asleep but too stoned to take her out. I walked the dog all the time during the day and enjoyed it very much. I have been paying off the bill from "her" cat we had to put down but tried to keep alive. After several texts asking if I could see the dog for a few days she would say no. "i want her to get use to the new normal before i start carting her around." She has posted up several FB things asking for dog sitters.
After not being able to see the dog I gave up and sent her the original copies of the vet bills with a hand written letter handing over ownership of the dog to her.

Will this hold it's ground in court or will it be dismissed since it is not notarized? What are the chances of getting the dog back in court? What are the chances of me getting my money back in court as well? Any advice would be great.

Jason

You should not have sent her the original copies of the vet bills. Go to the vet and ask for a copy of all the vet bills and if you paid by credit card or debit, print a copy of them too. Also, print a copy of the ad you found from her looking for a dog sitter. Email her again asking when you can see/have your dog and if she intends on keeping the dog, WHEN she will pay for the vet bills. Print a copy of her response and take it to small claims court. Keep in mind, that you ALSO have to pay for court fees and so does she. It's not a whole lot and look into it. The vet bills are probably more anyway. You could also threaten to take her to court AFTER you have emailed her and see if she comes through.

You sent her a letter gifting her with the dog. That's going to hold up in Court. You can argue you were emotional, it was a mistake.

It's going to hold up in Court.

A dog is property in the eyes of the Courts, same as a chair.

You can't give and then take away.

Quote:

Originally Posted by Steph_Love

You should not have sent her the original copies of the vet bills. Go to the vet and ask for a copy of all the vet bills and if you paid by credit card or debit, print a copy of them too. Also, print a copy of the ad you found from her looking for a dog sitter. Email her again asking when you can see/have your dog and if she intends on keeping the dog, WHEN she will pay for the vet bills. Print a copy of her response and take it to small claims court. Keep in mind, that you ALSO have to pay for court fees and so does she. It's not a whole lot and look into it. The vet bills are probably more anyways. You could also threaten to take her to court AFTER you have emailed her and see if she comes through.

He sent her a letter gifting her with the dog. Copying Vet bills and asking for the dog back is going to make no difference. He already GAVE her the dog, complete with a letter explaining that he was GIVING her the dog.

The person defending in Court does NOT have Court fees in Small Claims Court and there is no way this Court rises to the level of a Superior Court. Please cite your source on that issue.

He threatens to take her to Court AFTER giving the dog to her she has one more thing to sue him for.

We take pride in our answers on the legal boards and yours is not correct in several ways. Please be more careful.

I can't give you a gift, change my mind and take it back. A dog is property in the eyes of the Court and it's the same thing.

Quote:

Originally Posted by JTS1980

... Will this hold it's ground in court or will it be dismissed since it is not notarized? ...

Lack of notarization makes no difference in this case.

Quote:

Originally Posted by JudyKayTee

...
The person defending in Court does NOT have Court fees in Small Claims Court and ...

If you mean costs (i.e.: filing fee), I suppose it depends on what state it is, but I believe it is commonly awarded to the prevailing party.

I am "assuming" Small Claims Court because of the dollar amount. In NY the Plaintiff incurs Court costs. The Defendant does not. If the Defendant loses the Plaintiff recovers Court costs.

I believe the OP is the Plaintiff, the girlfriend would be the Defendant, she has a winning case, he gets no Court costs, she doesn't have any.

Or am I reading this wrong?

Quote:

Originally Posted by JudyKayTee

... Or am I reading this wrong?

No, you aren't reading it wrong. Jason, the OP, would sue her for the dog and probably loose. I guess what I was saying was that, in the unlikely event that he were to prevail, a prevailing plaintiff can be awarded costs. It is also remotely possible, I suppose, that she might incur some costs, service of a subpoena perhaps, prevail, and be awarded these costs.

It should also be noted that in most places small claims courts cannot award specific performance: the delivery of personal property such as a dog.

Quote:

Originally Posted by JTS1980

Will this hold it's ground in court or will it be dismissed since it is not notarized? What are the chances of getting the dog back in court? what are the chances of me getting my money back in court as well? Any advice would be great.

Jason

Yes a letter stating you are giving the dog as a gift WILL hold up in court. As AK said Notarization has no bearing. So your chances of getting the dog back in court are about nil. So are your chances of getting your money back.

Your only option is to try and convince the ex to give you back the dog or buy the dog back from her.