Royal Oak, MI asked in Animal / Dog Law for California

Q: Got dog on craigslist, didn't sign anything, paid for rehoming fee, dog needed surgery day after, they now want him back

We got the dog a month ago, put a lot of time & money into his rehoming. We didn't sign anything when we rehomed him, now the owner is claiming it wasn't in the persons name who sold it to us & that they want him back. The person who sold him said it was her teenage daughters dog & that the dog wasn't getting enough exercise, attention, & was generally neglected so she wanted him to go to a better home. The lady said her & her fiance broke up a month prior to us getting him, now the fiance is texting with my name and the information I shared with the lady saying she didn't have a right to rehome him & now wants him back (threatening police). We got him at only 7 months , we've put in a lot of work & money to socialize him, fix his paw which was badly infected by numerous foxtails ($750 surgery), chip him, flea/tick meds. He clearly was neglected, we have texts back and forth with the lady about him for 1.5 mos, but just yesterday got a new text from the supposed owner. What can we do?

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

A: Your question is tagged in MI, but is posted in CA. If you are in MI, talk to a MI attorney.

If the parent gave you the dog, then it's probably yours. In reality, the dog probably belonged to the parent. If you are sympathetic to the ownership of the teenager, then tell them that you will return the dog upon receipt of cash sufficient to pay your expenses.

Whether the parent or the teenager were good owners is irrelevant. Animal Control didn't seize the dog from them on that basis. You can't go around taking other people property because you think you will take care of the property better than the person who has it now.

It seems that police aren't really interested in resolving dog ownership disputes. They will probably inform the parties that the dispute is a civil matter. If the other party is motivated, you can expect to be sued in Small Claims for the value of, or return of, the dog. Defend the Small Claims action by filing the appropriate paperwork, including all of the texts/emails showing that ownership was transferred to you, along with copies of the receipts of your expenses. Include written statements of any witnesses to the transfer of ownership. An attorney can help with preparation of the paperwork, but is not required.

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