Asked in Animal / Dog Law and Civil Rights for California

Q: I let a lady care for my service dog temporarily and now she won't give him back

The lady and I had an agreement that i would take him back if it wasn't working out. He's my service dog I've had for almost 2 years. After a few days I told her it was a mistake I need him. She kept putting me off saying this week isn't good so next week and so on. It's now been one month and now she's saying I can't have him at all she won't even let me see him. I told her I would pay her for any costs she's had with him and I now have a place to live and really need him. I got him to help cope w the loss of my 15 year old daughter 3 years ago I also have aspergers which he's been trained to help me with. I really need him. I've pulled out all my eye lashes and my dog would stop me from doing those things. I've asked police to help they say it's civil issue but I don't have her address or much info on her. She tricked me she seemed so nice and understanding I was very emotional at the time and didn't think to get it in writing but I trusted her. What can I do please help

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You can take her to small claims court. The dog is your property which was put in her custody for a short time only, and she's refused to return him/her. That is called conversion, and you have the right to take her to small claims court to get a court order to return your service animal to you.

You might need a friend to help you go to court to get the papers required and to help you fill them out. Or you might contact a legal aid center which assists disabled people with their legal issues. You might call the local county bar association and ask for their referral service to help you.

You could also call attorney Linda Fermoyle Rice 1-866-999-2220 who is on this website and is very knowledgeable on animal rights issues.

1 user found this answer helpful

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