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Questions Answered by Kristina M. Bergsten
1 Answer | Asked in Animal / Dog Law for Colorado on
Q: What kind of POA do I need for court

My roommate needs to file an appeal for a court case she has involving our dog but she is away at treatment and can’t physically be present at court. What power of attorney can I use granting me permission to file the appeal on her behalf?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 12, 2021

There is probably not anything you can do to get a POA for her if she is not suffering from a medical debilitation. She needs to contact an attorney to file the appeal. She can give you permission to do it for her, but the attorney will probably need to see something in writing. You should double... Read more »

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Colorado on
Q: I legally purchased a dog from an animal shelter a year ago. The previous owner somehow got my personal information fro

from the animal shelter, name, phone, address, etc., and has called me wanting the dog back. I clearly said no. He claims his ex wife gave the dog away to the shelter and he didn’t find out until 4 months later. He has since sued me and the animal shelter for custody of the dog. The dog is... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jan 12, 2021

The regulation severing ownership from prior owners to the shelters should apply and give you rights. You definitely need an attorney to help you.

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1 Answer | Asked in Animal / Dog Law for Indiana on
Q: I tried to purchase a puppy I found on the internet from a seller in pensacola florida. I paid for the puppy and was

sent a transfer of ownership certificate but never got my puppy

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 3, 2020

A lot of puppies for sale online are scams. Your situation is, unfortunately, very common. You will have to sue this person - if you can find him/her - in Florida to get your money back. You might be able to call the local sheriff's office to report the crime, but that would mean you would... Read more »

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: Question about Pet custody.

In 2013 my husband and I purchased a family dog and of course let his daughter pick out and name the dog. Now she 17 and no longer comes to visit. Her Mother his ex wife is now suing us for custody of max the dog. she has no monetary ownership nor has the dog ever lived with her. they had been... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 2, 2020

Probably not. She has no ownership interest. That said, people can sue for anything. The clerks at court do not have the authority (or time) to screen cases to see whether they are valid or not. The real question is whether the person filing the suit will win. Based on what you said, it sounds like... Read more »

1 Answer | Asked in Adoption and Animal / Dog Law for Washington on
Q: Rehomed my puppy to a family, they only paid part the agreed amount and have avoided paying the rest, can I get my dog?

I chose to re-home my dog after suffering an accident and the reason was to help my family and find a better home for my best friend, I've heard every excuse in the book and all the promises that go with it... I miss my dog, he saved my life more than once and he's worth more than $350 to... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 2, 2020

You can sue to get your dog back for nonperformance on a contract. Text messages will be sufficient to prove there was an agreement, if you do not have a formal, written contract. I would recommend contacting a local civil litigation or contract lawyer in your area to help you with this lawsuit.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: I boarded my 14 yr old healthy cat and my 6 yr old cat at a vets boarding facility for one week. I called during the

week to check on them and was told they were fine. When they were picked up the older cat was visibly sick and died 2 days later. Any recourse?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 30, 2020

Yes, you’ll need to act quickly to get any surveillance footage from the facility. Most security footage is only stored for 10-14 days depending on the system. Having an attorney write a letter to preserve the evidence and a demand letter after an investigation into what happened can help either... Read more »

1 Answer | Asked in Animal / Dog Law for Indiana on
Q: I’m 19 and live with my mom and her husband. She got me a dog for my 19th birthday. I have had the dog for 6 months and

She is trying to get rid of it. Can she do that if she bought it for me in the first place?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 30, 2020

No, you are legally the owner. If this is a concern of yours, you should make sure your dog is licensed and microchipped in your name in case she tries to remove the dog without your knowledge and permission.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My boyfriend went to his moms house she has dogs there and one of them got out, can he get a ticket

He does not live with his mom he just went to visit . Can he receive that ticket ?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 30, 2020

Any person can be ticketed if the animal control officer finds your boyfriend to be the one present when the ticket is issued. The real question is whether or not he can be convicted of the criminal offense. He should speak with a local animal attorney or criminal defense attorney to go over his... Read more »

2 Answers | Asked in Animal / Dog Law for California on
Q: If seller sells me a sick puppy and contract says they guarantee this puppy to be healthy do they have to reimburse vet

Contract says nothing about vet bills does address sick puppy and say we may return and recieve have total price and a new puppy.

I have spent $2800 in vet bills on this puppy.

The contract also says “seller gaurentee a this puppy to be healthy at time of sale”

When I... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 29, 2020

You need to speak to an attorney. There might be consumer protection laws in your state that entitle you to compensation.

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1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Can a shelter legally take ownership of a dog that has been brought to them?

My dog got out of my yard while I was at the store , he was taken to a shelter and when I called and scheduled to pick him up I was not made aware of a time limit that would give them ownership.. they then call me the day after he supposedly became their property to tell me he would be nuetered , I... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 29, 2020

In Colorado it’s 5 days, so it’s probably something similar in Ohio. I guess they should have told you, but they’re not really required to and most laws operate under the assumption that the owner will come immediately. Maybe they’ll let you re-adopt him

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Negligent breeder gave me wrong dog and wants it back.

Bought a puppy in Colorado. Drove a 1k miles (roundtrip) and they gave me the dog. Two days later they inform me it's the wrong one and want it back. I say no - family already bonded. They then reported the microchip on the dog stolen which is different from the one on the contract.... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 29, 2020

That definitely sounds like an awful mess! It sounds like you’re going to need an attorney to help you fight this because you have some good defenses if it’s in small claims court. You also have some good defenses based on what you described, no matter what court the breeder takes you.

1 Answer | Asked in Animal / Dog Law for New Jersey on
Q: Our neighbor's dog comes on our property daily, off leash, and poops in our yard.

We have asked them multiple times to keep the dog in their yard, but they have not done anything. They let him out in the yard with no supervision, and he uses our yard as his toilet. Do we have any recourse?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 28, 2020

Call animal control for Dog off leash or Failure to control.

1 Answer | Asked in Wrongful Death and Animal / Dog Law for Florida on
Q: Can I sue the vet for malpractice?

The first vet said my cat had an infection. I had to take him back about 5 times. He just gave him more antibiotics. It getting worse. Several spots were on him. The vet told me he couldn't do any more for my baby. Another vet referred me to a reputable vet. I took him. She said I should have... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

Yes, check out Joey’s Legacy on Facebook for resources in Florida.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Florida on
Q: Purchased puppy who got very sick. FL breeder does not want to help with the bills.

I purchased a puppy who became very sick. I am heartbroken and almost lost him. The breeder is in Florida and does not want to help pay for the vet bills or reimburse me for the price of the puppy. In the state of Florida can I sue them in small claims court for the price of the puppy and all of... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

Yes you can sue. You might want to check Florida’s consumer protection and breeder laws to see if there is anything specific that helps you in the lawsuit. Try reaching out to a Florida consumer protection or civil attorney.

2 Answers | Asked in Criminal Law and Animal / Dog Law for Illinois on
Q: If someone agreed to watch my dogs and then gave my dogs away could I sue them?

We paid a friend to watch our dogs while we left to go to Maryland for the holidays ,but after we left he told us he got his dog from some lady who left it outside in the cold,and now he's not responding to our text or calls

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

Yes you can sue. You might also be able to report these people to animal control for animal cruelty.

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1 Answer | Asked in Animal / Dog Law for Alabama on
Q: Can I shoot a dog for killingy cat on my property

Dog has killed other neiborhs animals but no proof

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

No. Call animal control to report the attack.

1 Answer | Asked in Animal / Dog Law for New Jersey on
Q: can your dog be seized for simply barking or lunging at someone if nobody got hurt?
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

Probably not. You will need to check your state statutes for whether or not lunging is a criminal offense. It is here in Colorado.

2 Answers | Asked in Animal / Dog Law for Maryland on
Q: A bf and gf live together. Gf adopted cat and gave to bf as a surprise Xmas present. Now break up. Who keeps the cat?

Bf cleans litterbox most often, buys the food often, and feeds the cat most often. In Maryland. Gf moving to out of country.

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

If there is proof of the gift (card, text message, Facebook post), then the answer is boyfriend. If there is no proof of the gift, then the answer is girlfriend.

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1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: If someone tries to take their dog back after they said they needed to give him away, legally can they take them back?

My friend was giving his dog away, he is going through a lot of emotional stuff. His home when I took the dog was disgusting. I took this dog to get his shots, checkup and have bathed this dog myself as well as going to PetSmart. He has acclimated to my home and is in training. Now this friend... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 26, 2020

If he gave you the dog then it’s yours. Hopefully you have text messages or something of this gift, otherwise it might be possible he could take the dog back. But he’d have to sue you in court and win and it sounds like he doesn’t really have the bandwidth to do that.

1 Answer | Asked in Animal / Dog Law for Utah on
Q: My dog was supposed to be in quarantine for 10 days and I think that the animal shelter put him down without my consent
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 26, 2020

That is terrible! You can file a civil lawsuit. I would recommended talking to a local civil attorney about this. You can also try going to the media to raise awareness

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