Q: Dog sitter won't give dog back, how can we go about retrieving back our dog?
>dog sitter took care of dog for less than a year.
>when I asked for dog back he says "no because he is happy here with our family"
>I call the police, they attempt to persuade him to give the dog back, no success.
>we file a police report with proof of ownership.
>we send a letter of intent to sue if dog is not given back, he said that he will go to court.
>the police report went to property crimes bureau, then they call me saying that i will have to take it to small claims,
>we have visible proof of dog stealer saying we don't have to pay him for anything and no food needed & the dog can stay there for as long as we need.
>I have always kept in contact of dog sitter.
>We have adoption papers, vaccinations, pictures, and hes micro chipped.
>I havent filed a claim yet because we are waiting for a lawyer to help me with that.
>lawyer said we can sue 3000$, the money we spent for previous dogsitter to take care of dog over 1 year. another lawyer says we cant do that.
A:
You can sue for the value of the dog, or for an Order for Return of Property. Unless your dog is worth $3,000, you won't get that. The amount you spent for a prior dog sitter is completely irrelevant. Be advised that, ordinarily, the dog sitter has a lien on the dog for the value of the dog sitting services and would not have to return the dog until paid. However, your dog sitter apparently agreed to provide the services for free so perhaps that doesn't apply.
Sue in Small Claims and bring all evidence that the dog is yours (veterinary records, records of the terms of your agreement, etc), 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
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.
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