Waukegan, IL asked in Animal / Dog Law and Small Claims for California

Q: Can I sue animal control for spaying my dog?

Our dog (whom is microchipped) got out of our apartment complex a few weeks ago. She has AKC in her lineage, so we had hoped to breed her. Animal control picked her up and spayed her (as is their policy, which we weren't happy about), and we agreed to pay for the spay and adoption fee only. They wanted us to pay for additional items they had bought for the dog, which we didn't agree with, so the pound agreed that we would pay for the spay and adoption fee only. We paid that day, and took our dog home. A week later, a man from "animal control" showed up, asking us to pay the additional cash "we owed them", and if not, to take the dog back to them, or to settle the matter "civilly", which I'm assuming means small claims court.

Seeing as this is a sale of private property between non-commercial entities, is this not a completed legal transaction? Is there any reason a judge would rule in favor of animal control? Can I sue animal control for spaying my purebred who is microchipped? TY!

1 Lawyer Answer
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: This would be governed by whatever sales agreement you have with Animal Control. Whether or not you can sue for spaying your dog may also depend on the sales agreement, as well as how long Animal Control had the dog before spaying, and what efforts it took to locate and notify you before spaying. None of this is known.

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