Q: Should I get a lawyer & is my case strong? can I sue for my time being wasted in court when I don’t have time for this?
I make the payments for the dog everything is in my name. Took it to grooming etc. The dog was a gift to my family, ex thinks it was a gift to her as well because she would take it on weekends & do things with him, buying him toys & grooming as well, voluntarily when we were together. when we broke up she thought it was okay to take the dog from my family’s house & I didn’t want to press charges or get into a fight so I let her take the dog for some time without doing anything about it. My family wanted it back due to her asking for adoption papers & had to trick her into it getting the dog back before she took off with it. The cop also was called by her & he told her everything is in my name I’m the owner. He even said why would she take it to court. She thinks I owe it to her for breaking up. I’m now being served because she says I verbally told her she could keep the dog.
A: You didn't say whether your ex was married to you or not, but I assume you were not married because if you were, this would be an issue in dissolution of marriage proceedings in the family court. I assume you mean she filed suit in small claims court. Answer to question, "Should I get a lawyer?": Depends on how much you are willing to spend. You should start off with a consultation with a lawyer in your area who will evaluate your case, determine your likelihood of prevailing, and determine if self-representation would be the best way to go. Answer to question, "Is my case strong?" Can't be determined with a mere on-line inquiry. Your ex is claiming you gifted the dog to her. You must sort out the evidence on both sides - is it only he said-she said, or something more? Are there corroborating witnesses for either side? It also partially depends on how long you let her have the dog "without doing anything about it". If you're talking a few months or more, that's a fairly strong point on her side. Answer to last question: No, you cannot claim compensation for your time spent in court or for any time spent on the case. You also cannot recover any fees spent on an attorney.
Bruce Alexander Minnick agrees with this answer
1 user found this answer helpful
A: Just in case you might have missed the closing advice give to you by Mr. Baron: NO, you cannot claim or receive any "compensation" for any time you spend fighting in court to keep your dog.
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