North Richland Hills, TX asked in Animal / Dog Law for Colorado

Q: I was giving the cat and I had to give it to someone else and now the original owner what's the cat back can I get sued?

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2 Lawyer Answers
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Yes. You can be sued in replevin or conversion and if you don’t have the cat to return you may be liable for damages. Although, I see you are from Texas, so it might be best to ask an attorney who practices in Texas.

Juliet Piccone
Juliet Piccone
Answered
  • Animal & Dog Law Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: If you were given the cat, it was yours to do what you wanted, including giving it away. If you were only holding onto the cat, you could be sued for breach of oral bailment contact and damages. If that happened you could counterclaim for the value of using taking care of the cat. You cannot be sued for replevin because you no longer have the cat to return.

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