Chicago, IL asked in Animal / Dog Law for Indiana

Q: Previous owner is asking for dog back.

I previously worked at a dog boarding facility. A dog was left for weeks, and his owner eventually came back saying that she could not afford to pay the bill that had accrued, and she did not have a place to live to take him home to. My manager came to an agreement with her that if the dog came home with me, the bill would be cleared. Before bringing the dog home, I told her that we would foster the dog for a month or two (so she had a few more weeks to get on her feet). It's been 7 months, and the dog is very much part of our family. We have spent hundreds of dollars on him and countless hours working on his behavior problems. She is now saying that she might have a place to live by the end of the month, and that it is unfair that I'm not willing to give him back. Is there any way we could be forced to give him back to her? She's a kind woman, but she is clearly unable to care for him. Should I be concerned about her pursuing it any further? Should I start trying to find a lawyer?

Related Topics:
1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: This is an interesting dilemma. On the one hand, you have put countless resources, time and effort into the dog. On the other hand, you never explicitly told this woman that you were taking ownership of the dog and she clearly did abandon her dog or relinquish ownership of the dog, only possession. She seemed to be under the impression that you would be holding onto the dog for her. If a court saw it from the woman's perspective, I think that the woman may have a case to have the dog returned to her.

However there is no real way to tell which way this would go until it goes before a judge. It is very unlikely though that a person who cannot afford a place to live would be able to file a court case to get possession of a dog. Even if she were to bring such a case you could then ask for compensation for your time and costs for taking care of the dog. You should definitely consult with an attorney on this one if you are worried that she will bring a court case against you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.