Questions Answered by Kristina M. Bergsten

Q: A friend gave us a dog and now wants her back after 9 months. We have paid all expenses. He changed his mind.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 12, 2019
Kristina M. Bergsten's answer
If he gave you the dog, then it’s yours. He would have to sue you and win to get the dog back. However, because there are clearly some details that you did not post here, it would be best if you met either an attorney to go over all the facts to get your best resolution.

Q: I really need to know if i can sue my dog because he is giving me a mean face and i am scared

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jan 10, 2019
Kristina M. Bergsten's answer
You should probably speak with local, Georgia attorneys on this issue. Your pug sounds like he means business, so it's best to discuss it with an attorney from your jurisdiction.

Q: If I have an ESA letter from a LCSW who is from out of state and not licensed in CO, is my ESA Letter still valid?

3 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 9, 2019
Kristina M. Bergsten's answer
It is legal. You could always call the company to ask them to add species information, but under the FHA ESAs are not limited to dogs and miniature horses like service animals are.

Q: i gave a dog to some people 3 years ago and 3 weeks ago they gave her back. Can she take her back?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Dec 18, 2018
Kristina M. Bergsten's answer
It is unclear from your question what you are asking. Who is "she"? If you gave a dog to someone and they are returning the dog to you, it is up to you whether or not you take the dog back. If they gave the dog to a third person, they can do that because you relinquished ownership (based on your question) to the "some people."

Q: I have an emotional support animal (dog) and I just moved into an apartment. I forgot to mention this to the complex.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Nov 29, 2018
Kristina M. Bergsten's answer
Potentially. You will likely need to provide documentation from a medical professional detailing your disability/emotional disability and that your dog alleviates these symptoms.

Q: If I care(vet,food,etc.)for a dog almost its entire life(2 years), can the person who left her in my care take her back?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Nov 14, 2018
Kristina M. Bergsten's answer
He would have to sue you in small claims court and win to get her from you. Its possible he could call the police but they likely won’t get involved. You have a strong defense against his claims of Ownership, especially if the dog never lived with him and always lived with you.

Q: My bf gave me a dog over two years ago I had him micro chipped and his shots can he take him from me in Colorado

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 22, 2018
Kristina M. Bergsten's answer
He would have to sue you and win in order to legally take the dog from you. But again, he would have to sue you and win in court.

Q: Who legally owns a cat if one person has the vet records in their name and another has the microchip in theirs?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 20, 2018
Kristina M. Bergsten's answer
Wow! That is quite the situation you are in! Since person B is the original owner, most likely the cat belongs to him/her. But if persona A and B made an agreement that person A is the new owner, then it belongs to person A. More facts are needed to properly analyze this question. Either way, it sounds like these people need to come to an agreement or take it to court to let the court decide who owns the cat.

Q: Someone broke my fence, stole my dog and then called me to come get her because she thinks she's neglected.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 20, 2018
Kristina M. Bergsten's answer
I’m confused by your last sentence whether you have your dog back, but if you do not you can call the police and ask them to help you get your dog back. You can press charges for theft, destruction of Propety (vandalism), and trespassing. The cops will likely ultimately decide what to charge this person with.

Q: Dog Advocate has posted online pictures of my lost dog. Refuses to meet me at animal shelter to prove he is not chipped.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 18, 2018
Kristina M. Bergsten's answer
You need to sue her in replevin ASAP! If she works for a shelter, then there is only 5 days before the dog is considered "abandoned" and legal title of the animal transfers to the shelter. It sounds like you have been in contact with her, and she should meet you, but if she is not, it sounds like she needs some prodding from the legal system to get her attention.

Q: If my dog got through the fence and into the neighbors yard and killed their dog can animal control take my dog?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Oct 5, 2018
Kristina M. Bergsten's answer
It is possible animal control would confiscate your dog, pending a hearing on the criminal charges against you for the death of the other dog. I would recommend speaking to an animal attorney to go over your options and defenses and make sure your dog is not euthanized as a result of this case.

Q: A guy left his dogs with my friend. She then contacted him stating that she cannot keep them. He never responded.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Sep 25, 2018
Kristina M. Bergsten's answer
He would likely have to sue the third party she gave the dogs to if he wants to recover them. He could also sue her for the value of the dogs, so she might want to be prepared for that.

Q: rehoming my dog and tell them about his aggression towards other dogs can they come back and sue me if an incident

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Sep 10, 2018
Kristina M. Bergsten's answer
Anyone can sue anyone for anything, basically. The real question is: what are their odds of success? With the facts presented, it is unlikely the new owners would win if they were to sue you later for an incident, especially if you disclose the dog’s temperament beforehand. Nevertheless, when you “sell” or “gift” the dog to the new owners, make sure you put it in writing that you disclosed the behavioral issues and that the new owners will indemnify you if anything happens. Better...

Q: My husband packed his personal belongings and left a month ago. He left his 3 dogs here, can I get rid of dogs

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Sep 10, 2018
Kristina M. Bergsten's answer
It appears he is showing ownership, still, and not that he abandoned them with you, if his son is still feeding them. If you are unable or unwilling to take care of them, then maybe you should talk to him about him taking them back or his son taking them. Failing to feed an animal in your custody could result in animal cruelty charges against you, so if you are not willing to take care of them, it would be best if you gave them to your ex or his son.

Q: Are there any laws about keeping a dog you found even though you know the owner has been frantically looking for it?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Sep 3, 2018
Kristina M. Bergsten's answer
The original owner still retains the rights of ownership and possession of the dog. If he demands the dog back from the finder, legally, the finder should give him back his dog. The owner could call the police but if the police refuse to get involved and he finder refuses to give the do back, the owner will have to sue the finder in court.

Q: Can I get back my dog whom I paid a $250 rehoming fee in 2010 from an ex who agreed to give him back once I got stable?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Aug 30, 2018
Kristina M. Bergsten's answer
Yes, you will have to sue your ex in court in order to get your dog back, but it is possible. I would recommend speaking to an animal attorney to review your situation and your case.

Q: Gaining custody of my ex's dog.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Aug 15, 2018
Kristina M. Bergsten's answer
You would have to sue her in court in order to get custody of the dog; however, because she has not relinquished ownership to you, she has not abandoned the dog.

Q: i rescued an abandoned dog when the owner (brother in law) passed away and now 2 years later the daughter wants the dog.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Aug 13, 2018
Kristina M. Bergsten's answer
You could wait until she tries to sue you in court for the dog, then you would have to fight it out in court. But, since this is being raised as an estates issue, it might be best to contact and estate/probate attorney to help guide you.

Q: chipped dog that was stolen

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jul 31, 2018
Kristina M. Bergsten's answer
If you know the people who adopted your dog are the same people who tried to steal your dog previously, you can sue the adopters because they are not a good faith third party adopter. It would be a lot of work to prove these people knew you were the owner, but if you have a prior police report, you might have a chance.

Q: We had a litter & been selling the pups to recoup food and other costs. One pup died the rest are fine. Are we liable

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jul 31, 2018
Kristina M. Bergsten's answer
Whether you are liable depends on a lot of factors around the care of the dogs in your home, and whether or not the puppy really had parvo. Ask for veterinary records to prove the puppy had parvo (if it has not died, yet, it is likely the puppy did not have parvo - parvo is very deadly). If it had parvo, it is up to you how you want to handle settling the matter and what the purchasers are willing to accept.

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