Q: I gave my daughters a dog as a XMAS gift. My live in boyfriend took off with the dog. Is that legal?
I signed the papers for my dog 4 years ago and have pretty much paid for everything. I have all my credit card statements. He just left and we haven't seen our dog. We had a criminal court hearing which he didn't show up to and now another one is scheduled for 12/16. I have been told that it is not criminal because we lived together. But I gave the dog as a Christmas gift 4 years ago. The breeder has written a letter to state this because she knew that he was a gift. Can he legally take him. I thought a gift was a gift.
A: Once you give someone a gift, it belongs to the recipient. If someone else takes it unlawfully, that is criminal theft, regardless of whether you lived together or not. If the police are too lazy to handle it, file a complaint with the police dept. and contact the DA directly about the crime. You can also sue the thief in civil court for conversion (seeking an injunction for replevin as an immediate remedy, plus any damages and litigation costs) to return the pet. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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