Fresno, CA asked in Animal / Dog Law for California

Q: Help! My sisters ex stole her puppy?

I had a litter of puppies, my sister and I had an agreement that she would make payments to me for the puppy I sold to her. At the time she was in a relationship and living with this person, things got ugly he kicked her out and is now trying to keep the dog from her , however the dog was never finished being paid for. We got the police involved they said it would have to be settled in court. They still owe me money on the dog, her ex is now threatening to take the dog and move out of state, the dogs microchip is in her name and his and is under her name only at the vet. Can I file a police report in the sense that the dog is essentially stolen because it was never paid for? My sister has the amount they paid and the amount still owed written in notes. I have proof the dog came from my litter, pictures, vet records etc.

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

A: Sounds like your sister owes you money. You sold it to her and she agreed to pay. If you want to sue, you can sue her for the unpaid purchase price. It doesn't sound like the dog has been stolen from you.

Your sister can sue the ex for the value of the dog and/or its return. She can also report the dog stolen from her by the ex. If she sues, she should bring all evidence that the dog is hers, 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

No guaranties that these are the appropriate forms or that a Small Claims Judge will rule in her favor.

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