Denver, CO asked in Animal / Dog Law for Colorado

Q: How much does it cost to sue someone to recover money for an animal?

I know this guy doesn't have a job right now. How much would it cost him to sue me to recover what he spent over time on cat food or vet bills? I can only afford to give him 450 dollars now, he wants 1700. He has no way of proving he paid for the cat. If it costs him even a few hundred dollars to file anything, i honestly don't think he will do it. I have the rabies certificate and the tag that I haven't mailed in yet. Should I mail that in? Will that help my case? I can't afford to give him more and I don't want him to take the cat from me. How would he win a case? Yes, he paid for the two vet bills, but the cats have lived with me. He has had zero contact with the cat for 6 weeks. I had to hire a cat sitter for 300 dollars. Can I charge him a cat sitting fee? Seems like a lot of work for him to go through for a small amount of money. Do people do that often?

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2 Lawyer Answers
Kristina M. Bergsten
PREMIUM
Answered

A: It depends on what he sues you for. If he sues for just money damages, he can file in small claims court for around $50 - I don’t remember the exact number off the top of my head. If he sues you in partition for his contributions to the purchase and maintenance of the cat, the filing fee is around $200 and the litigation is much longer and more complicated. If he sues you in replevin, which is an action to get property owned by one person back from someone who wrongfully took the property, the filing fee is 50-$100, roughly. Again, I do not remember. You can google civil filing fees in Colorado and it will tell you the filing fees for everything. If your county registers cats (most don’t), then go ahead and mail it in. If he does pursue an action against you, I would recommend speaking to an experienced animal attorney.

A: I don't think you are asking the right question. To resolve your issue, it sounds like you can simply draft a relinquishment/transfer of sole ownership of the cat from him to you for whatever amount you can negotiate him down to. I think $450.00 in full and final settlement of all claims should be sufficient. If I were you, I'd try to negotiate with him for this and if not, retain an attorney who has done lots of these cases in Colorado. Before hiring any attorney ask how many custody cases have they handled in this state and what was the outcome.

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