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Questions Answered by Kristina M. Bergsten
1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can someone point me to a link or direct contact to answer questions regarding animal property law in a marriage?

I had previously asked if a spouse could get rid of a pet without the consent of the other spouse but I need more information on this. Thank you

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 19, 2019

The only way to get a direct answer is to speak with a lawyer and the lawyer will likely ask you to pay for his/her time since you are asking for specific legal advice and not a general answer.

1 Answer | Asked in Family Law and Animal / Dog Law for Colorado on
Q: In colorado, if my husband and I are married, can I disburse of a pet without his consent?

We aren't getting divorced, just going through a rough time.

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 19, 2019

It depends on who owns the pet. If you own it, you can do whatever you want with it. If he owns it, you need his consent. If you own it jointly, you need his consent.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My 8 month old cattle dog had gotten out of his dog run and got into my neighbor's yard to which he had shot him

My 8 month old cattle dog had gotten out of his dog run and got into my neighbor's yard to which he had shot him with a bird shot shotgun round and left 30 pellets in his front leg I was curious if we can sue him for over a 1000$ in vet bill?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 4, 2019

Yes you can sue him. Defending cattle/livestock is a defense to shooting a dog, but that wasn’t the case, then you’re likely to be successful.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Someone I know was forcefully and falsely accused of animal cruelty/abuse of a stray cat that wasn't a pet of his.

It delivered a litter on his property, and developed an illness. The Code Enforcer cited him an ticket for animal cruelty / abuse, he told her it was not their pet its a stray so take her and her babies away he does not want nor ever claim ownership. What can he do about this?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 4, 2019

Without more information, it’s hard to answer this question. But he needs to show up to court, otherwise he will get a warrant for his arrest.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can animal control get a warrant for my puppy even if it’s not my home?

My 7mo old puppy had a bone fracture a few weeks ago, the emergency vet recommended surgery and called animal control to make sure it was done so basically I have a case open to verify that she’s getting vet care for her leg which she is, I’ve gotten a second and third opinion from orthopedic... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 3, 2019

It would be best to save up the money and the dog the surgery she needs because otherwise she could have long term health problems. If you have a financial hardship, call around to different vets and see who will work with you. Yes, animal control can seize your dog if you don’t get the surgery... Read more »

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Colorado on
Q: Can I get compensation for my neighbor shooting my registered breeding dog in Colorado?

My neighbor runs a feedlot and my young registered breeding dog visited the feedlot and he shot her. He never talked to us before he shot her or asked us to come and get her he just shot her. She never killed any animals and I was training her to stay home but she was only 7 months old and still... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 29, 2019

Yes you can sue to get your $2,000 back.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Chip company changed the ownership without my consent !!

I have talked to them a couple times to be reassured that it couldn't be changed by anyone else. Mya is a highly desirable dog in our area often they are stold , there are fighting rings they use these dogs for!! Our worst fear happened the chip was easily changed ownership , the company will not... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 23, 2019

You might want to report the dog as stolen to your local police. The chip company shouldn’t have changed the chip. You might want to try and speak to someone higher up in the chain of authority.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: my daughter's emotional support dog back She is chipped in my daughter's name a family Member Change It illega

I had left our dog for approximately 3 weeks coming and check in on her and she had food , my mother knew we were to bring her home . We were waiting on the papers from the doctor my mother called and pretended to be my daughter to the company that has the chip in her and had the chip changed... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 22, 2019

I’m very sorry to hear about your situation! First, it would be a good idea to call the chip

Company and let them know about the fraud. The second thing is to speak to a local animal attorney right away and file a replevin action to get the dog back. Since you don’t know exactly where...
Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Colorado on
Q: I live in Colorado and I rent an apartment/condo. My neighbor threatened to kill my dog, what legal action can I take?

I have reported this to my subdivision leasing office. Then it happened again today so I called the main leasing office and they advised me to call the police. The police came and spoke with me, then spoke with the neighbor. He admitted to saying he would kill my dog but claimed he didn't say it... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 14, 2019

If you do not feel safe, then your best option might be to break your lease and move. If the threats continue or escalate, you might also be entitled to a restraining/protection order, but that all depends on whether or not the cops will press charges.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My girlfriend and I have been separated for nine months she return to grab some of her property and stole my dog

I have witnesses that I’ve had the dog for well over nine months while she was in Arkansas. I also filed a police report. The microchip is in her name because I didn’t have time to go get the microchip done so she did it for me. I acquired the dog through a friend so I have no Billis sale and... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Sep 30, 2019

You can sue her in court to get your dog back. It sounds like it might be a tough case because of the ownership documents issue, but not unwinnable. You should talk to an attorney to go over your options.

1 Answer | Asked in Adoption and Animal / Dog Law for Colorado on
Q: How long before you can keep a dog your watching?

An old friend of ours asked us to watch there dog for a couple of weeks. Since then they have not called or visit to ask or see how the dog is doing. Since then thw dog has ran out of food and we had to go buy more for him. And his behavior is a lot better since we have gotten him. They use to keep... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Sep 23, 2019

Dogs are property under Colorado law. Under Colorado property law, property is not considered abandoned until 5 years have passed. So, until 5 years passes with no contact from the owners - or until they gift or sell the dog to you, the dog belongs to the original owners. You could reach out to the... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can a boarding facility hold your dogs until your bill is paid in full?

Our dogs needed to be boarded as we lost our apartment. It supposed to be temporary, however due to circumstances they have been there for just about 2 months. We want to bring them home but the facility says they will not release them until the bill is paid in full. We have paid some of the bill... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Sep 18, 2019

Generally speaking, no. Unless you signed a contract that says they can do this. This is a highly unusual situation and veterinarians can technically keep dogs/animals as collateral for unpaid veterinary bills, but that is provided for by statute. I am not aware of a statute that permits boarding... Read more »

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
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
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
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
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
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
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
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
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 »

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