Idaho Falls, ID asked in Animal / Dog Law for Idaho

Q: I got a dog and a guy say it his dog I been take care of him for 6 months .can the guy just come and take him

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2 Lawyer Answers
Kristina M. Bergsten
PREMIUM
Answered

A: If you bought the dog then no, the dog is yours. If he left the dog with you to take care of for a period of time, then yes, the dog is his and he can ask for it back any time. More information is needed to answer this question.

A: Instead of being a "dog," imagine if you had found an automobile on the side of the road, no plates on it but the key was in the ignition and you thought "well, no plates and the keys are in it, I guess it's mine." You drive the car and change the oil etc. for 6 months. Then after 6 months the owner of the car contacts you and says, "hey, that's my car!" Would you feel any different? I think so. But why? Because the car is bigger? Because car's can easily be identified with registration papers?

A dog isn't much different than a car. It's a "thing," a "chattel." The ONLY difference between the dog and the car (legally) is the fact that you can more easily conceal the dog and it's much harder for the owner to find his dog than it would be for the owner of the car to find his car. If the "owner," can describe the car and can show you the registration papers match the VIN, then you would almost certainly give him his car back wouldn't you? Would you think you could answer the owner by saying, "ok, I'll give you your car back but I want $68.50 for the oil change I gave the car!" I don't think you would think you could extort the owner of the car for even $68.50 could you? If you tried to do that on his car, he'd probably call the police and you would be arrested for theft wouldn't you?

Let's talk about the dog now.

The dog is personal property belonging to another individual. It might have had a "chip" implanted or might have been wearing a collar with a "tag?" Your question didn't tell me whether the dog had been chipped (in which case a phone call to the Humane Society would have told you who owned the dog) or whether it was wearing a collar and had a tag, but one call to the Humane Society would have told you who owned the dog. What steps did you take to identify the true owner of the dog? The answer to that question is important because it would spell the difference between you being charged with theft and being left alone. If the owner found his dog and can identify it and you can tell by the dog's reaction that he recognizes his owner, then give the dog to him and don't even think about being compensated for 6 months of lousy, dry dog food that kept the dog alive. I mean, you can ask the guy to give you money for taking care of his dog for 6 months and if he does, then you'll be lucky. But if he doesn't give you any money, just feel glad that you were not charged with theft and lucky enough to take care of "man's best friend" for 6 months!

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