Q: Is it considered theft if someone finds a lost dog and doesn't follow protocol to find the owner of the dog?
The person who found my dog that I lost on July 11 of this year, posted him on the website Find Fido. I saw his post on August 9. I called him immediately and he had sold my dog on Craigslist a few days before I found his post. I told him he needed to get my dog back. I went on Craigslist and found his post, he had posted it on August 3. He only held my dog for three weeks, he never had him scanned for a microchip, which my dog has. The man will not help me in getting my dog back. Is that considered theft?
A:
Report him to the police. They will determine if there is evidence of theft, or of selling stolen property. Sue him for the value of the dog in Small Claims Court and for an order to disclose the identity of the person to whom the dog was sold. He was required by statute to notify the owner within a reasonable time and apparently did not take any action to do so.
Civil Code § 2080. Duties of finder Any person who finds a thing lost is not bound to take charge of it, unless the person is otherwise required to do so by contract or law, but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. Any person or any public or private entity that finds and takes possession of any money, goods, things in action, or other personal property, or saves any domestic animal from harm, neglect, drowning, or starvation, shall, within a reasonable time, inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property. Any person who takes possession of a live domestic animal shall provide for humane treatment of the animal.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2080.&lawCode=CIV
If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff's Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)
Request for Court Order and Answer; Form SC-105 (Request for Return of Property, filed with SC-100)
Order on Request for Court Order; Form SC-105A
Proof of Service; Form SC-104
http://www.courts.ca.gov/forms.htm?filter=SC
No guaranties that these are the appropriate forms or that a Small Claims Judge will rule in your favor.
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.
