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Questions Answered by Kristina M. Bergsten

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: We bought a parrot in 1996 & in 2009 I became unable to care for him due to cancer so family member #1 took him after

our possessing him for prior 13 yrs. Family member #1 then gave him to family member #2 in 2013 & in 2017 #2 moved into our home with bird after a divorce. From then on member #2 left all of his care to us, feeding, cleaning cage, etc. & has lived in our home until present (2019). We've now given... Read more »

Kristina M. Bergsten answered on Sep 5, 2019

If you never sold the bird or gave the bird to family member number two, then the bird is yours and you never lost on ownership in the first place, and family member number two has no right to take the bird from you.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: Can Animal Control legally confiscate a dog that was found who's owner doesn't want her back?

A woman found a 10 lb. Shitzu and took it to a vet to have it checked for a microchip. The owner was identified on the microchip and was called but said he doesn't want the dog anymore. The vet told the woman to call Animal Control so she did. In the meantime the woman was making arrangements to... Read more »

Kristina M. Bergsten answered on Sep 1, 2019

Generally, animal control will turn a found dog over to an animal shelter for adoption. The woman can try to adopt the dog from the shelter and give it to the rescue organization, or she can have someone from the rescue try to contact animal control and/or the shelter.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: If my name is on the microchip of my two SDIT pups , can I get them back from the person who is withholding them from me

My puppies were temporarily living in someone else’s home because of a move, when I told the guy I was taking my puppies he wouldn’t give them back to me and threatened to press charges on me for trespassing for being on his property. Both puppies are Service Dogs In Training and microchipped... Read more »

Kristina M. Bergsten answered on Aug 31, 2019

Yes. Your post shows you’re in Texas, but in Colorado, if you are the registered owner and you can show proof of purchase with an adoption or purchase contract, the police *might* help and pick up the dog and/or press charges. Often, however, police will say it is a civil matter and not do... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on

Q: evicted for having a esa/therapy animal. landlord lying saying im not evicted but gave me 30 days to get out. help.

drs say esa animal for child. lease said no pets. childs health worsened. we get cat 2018. landlord knows, cat has to go, i comply, had inspection, passed, no damages. they renewed lease. 7/2019 friend can no longer keep cat for me. I take cat back. 7/18/19 child hospitalized 1 week. cat important... Read more »

Kristina M. Bergsten answered on Aug 21, 2019

You need a lawyer. Sometimes a letter from an experienced animal attorney, one who specializes in ESAs and service animals, especially, is enough to put a hold on the eviction and stop it. But you definitely need legal counsel.

Your statement was a little confusing, though. If it’s an...
Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: I have a dog and she uses potty pads on the balcony which I do clean however my apartment says I violating my lease

I take her outside to relieve her self but the pads are there if shes alone in the house during work or during the middle of the night I do not see in my lease that we can not use potty pads but I'm being fined

Kristina M. Bergsten answered on Aug 9, 2019

This sounds more like a landlord/tenant issue than an animal law question because, without reading the terms of your lease, it is impossible to know whether or not you are violating any habitability clauses, health clauses, or cleanliness clauses. I would recommend taking your lease to an attorney... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: Can i file a motion to keep someone from selling my puppies till after we see a judge?

The lady that was babysitting my dog and puppies went and licensed them and has them up for sell she cant legally give them up till 8 weeks. Shes takn deposits. How can i stop her until we go 2 court. Is there a motion i can file

Kristina M. Bergsten answered on Aug 8, 2019

There’s no motion YOU can file to stop her but you can file a motion to get an injunction and have the court stop her. I would recommend talking to an attorney to help you to make sure this is done correctly.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: So this lady was helping me my dog and my dogs puppies. Now shes selling them. How do i stop her.7

She said i can have my dog after she sales them The agreement was she got 2 puppies. Can i put a hold on her selling them till court. Like in a divorce where nothing can be sold or given away til the judge says. A cease and desist?

Kristina M. Bergsten answered on Aug 7, 2019

I am a little unclear what the situation is, exactly, but if you are looking for an injunction (an order to stop someone from doing something) you absolutely can do it, but you need to act fast! I would recommend speaking with an attorney ASAP so you can get it done quickly and correctly.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: My neighbor's cat got into my back yard and my dog attacked it - cat died from it's injuries. Am I liable for anything?

Cat has been seen repeatedly running free around the neighborhood. My back yard is completely enclosed by a 6-foot privacy fence.

Kristina M. Bergsten answered on Jul 29, 2019

It depends: (1) on whether or not you get sued or charged with a criminal offense (dangerous/aggressive animal) and (2) whether or not you are found liable or guilty as a result of either of these processes. Keep in mind, both can happen but the cat owner can only be made whole once. That said,... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: My dog got pregnant by my bosses dog. I told her she could have 1st pick and an extra puppie.

After born She offered 2 keep them 4 4-to 5 weeks cuz she was home more. Now she wont give me my dog or pups. Said shes selling them and will give me half after she gets expenses etc.

Kristina M. Bergsten answered on Jul 27, 2019

You definitely need an attorney to help you get your dogs back. You could try filing a police report for theft, but in the event the cops consider it a civil matter, you will need an attorney to negotiate the return or to sue this person.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: If you sold a dog to someone and they took it to the pound, do you have the right to go pick it up ?

We have 3 pups in the pound in Lamar Colorado. They decided they didn’t want them because they are going to be big. Instead of bringing them back to us they dropped them off at the pound. The pound is giving us a hard time about picking them up saying they are going to some rescue

Kristina M. Bergsten answered on Jul 27, 2019

If you sold dogs to someone and did not retain ownership rights, then they can dispose of the dogs however they want. The adoption shelter can also do whatever they want, too. That said, it would be in your best interest to get an animal attorney involved to help resolve this issue.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: Can I sue a person for false statement?

So I rehome my daughter's dog and the guy who paid a small rehoming fee told me he was going to keep me updated in how they are doing. But when I messaged him he told me that he was going to send me pictures and decided not to. I sent him another message and he didnt replied. I'm afraid he is using... Read more »

Kristina M. Bergsten answered on Jul 15, 2019

You can sue him for breach of contract and try to get the dog back.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: my dog bit a person in CO. i have a court date in july. am i allowed to rehome the dog prior to the court date

out of state in NE?

Kristina M. Bergsten answered on Jul 6, 2019

I’m unclear as to where you live. If you live out of CO, there is really no reason to rehome the dog. I would recommend behavioral therapy so you can keep the dog. Even if you live in CO, rejoining the dog prior to the court date will NOT make the criminal charges go away, so if that is the... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: If u own a dog & someone steals it, can u take it back if it end up in your possesion?

A relative stole my dog and I have proof of ownership. Can I take it back if it ends up in my possession without me doing illegal activity or using force?

Kristina M. Bergsten answered on Jun 21, 2019

This is a tough question to answer since there aren’t enough details. If the dog wanders back home to you, there is no harm or problem with that.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: friend of mine bought a puppy at 8 weeks old & she handed puppy to me & I've been taking care of the puppy 24/7 for 8 w

visited puppy 4 days 3 nights,1play date for 2 hours took puppy last Friday & still not returned & being very difficult she also made me lose my job from what work says how do I get the puppy back hes my heart

Kristina M. Bergsten answered on Jun 14, 2019

Unless this person gave you the puppy in writing or words, the puppy belongs to your friend and she can take it back any time. I would recommend searching for a puppy at a shelter to help ease the pain of your loss.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: Are dogs considered personal property?

My mother asked my brother to watch her dogs while she was out of town on a couple business trips. She has been asking for her dogs back since she got back and he is refusing to let her have them back. He is not working so all care related to the dogs while in his care reside with my mother. He... Read more »

Kristina M. Bergsten answered on Jun 2, 2019

Yes dogs are personal property and your mom retained her ownership in them if all she did was ask him to “dog sit” or “watch” the dogs. She can file a theft report, but it is possible the police will not get involved. If they do not, your mom will have to sue your brother in civil court to... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: My dog died because the sitter gave it insulin shots meant for my other dog. What recourse can I pursue?

The sitter met and knew the difference between both dogs, she met them in March prior to the date she was supposed to watch them 12-14 April 19. We went over diabetic dog's needs. The day we dropped them off she wasn't home, so her husband took them. We explained to him the dog's needs and he... Read more »

Kristina M. Bergsten answered on Apr 17, 2019

You can sue this person in small claims court for the loss of your dog, the injury o your diabetic dog, and any and all vet bills and other related costs.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: Can I legally steal my dog back from my dad because I have proof of ownership? He took my dog

My dad and his husband stole my dog after agreeing to watch him while I went on a trip. I have all the proof hes mine and microchip but they took off his collar and tags without my permission and made my dog theirs. The police were no help

Kristina M. Bergsten answered on Apr 12, 2019

No, you cannot “legally steal” your dog back. You can sue your dad in court to get your dog back. The police will generally not get involved in these sorts of matters when there is family/relatives/romantic relationships involved.

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: Our neighbors dogs keep busting through the fence and entering our backyard. Can we open our gate and let the dogs loose

Kristina M. Bergsten answered on Apr 10, 2019

I would highly recommend calling animal control and have them remove the dogs. This will accomplish two things: 1) animal control will safely and effectively remove the dogs and ticket the owners for letting them run loose; and 2) protect you from any lawsuits if you purposely let the dogs outside... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on

Q: How can I get my dog back after my friend gave her to his girlfriend even though it was against our agreement?

We moved from Arizona to Colorado and gave our dog of 7 years to a friend with the terms he was to keep her and if he couldn't he would give her back. It was only a verbal agreement. He let her stay at his girlfriend's with her 2 kids because she loves kids (we have 3). His girlfriend decided to... Read more »

Kristina M. Bergsten answered on Apr 7, 2019

Wow! I’m sorry to hear all of this! Unfortunately, the only proper and legal way to get your dog back is to take this woman to court. You could try to reach out to her to negotiate the return of the dog by re-purchasing her from this woman - but that would be the only way to get the dog back.

3 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Colorado on

Q: My ex gave me a dog as a Christmas present. We lived together with the dog for 3 years, He's claiming rights to her now.

After he gave her to me I paid all the vet bills, micro chipping, injuries, dog food etc... She was bought off Craig's list in cash by his mother. I have her in my possession now but I'm scared of what he's capable of doing now. We originally made a verbal agreement to share her but he changed his... Read more »

Kristina M. Bergsten answered on Apr 2, 2019

If he gave her to you, then she’s yours. The only way he can legally get her back and keep her is if he takes you to court and wins. If you have all other documents in your name then you will have a good chance at court if he takes you to court.

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