Riverside, CA asked in Animal / Dog Law for California

Q: How can I get my dog from a woman I made an agreement with when breeding?

I bred my dog and agreed with a friend that I would receive pick of the litter and she would keep the rest. Once the dogs were born she asked if I would sell her my dog which I agreed to do. I waited for her to pay me and when she didn’t I texted to ask her when she would. She asked the price and once I gave her the price she decided it was too much money and would not pay me and also said she would not give me the dog since she had paid for the shots at the vet. I have tried reaching out to her to get my dog back but she doesn’t answer me. We did not create a legal contract for the breeding but I have Text messages where she asks if I will sell her the dog which I agree to. Im not sure how to get my puppy from her at this point but am considering taking legal action if advised to do so.

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2 Lawyer Answers
Kristina M. Bergsten
Kristina M. Bergsten
PREMIUM
Answered
  • Animal & Dog Law Lawyer
  • Denver, CO

A: You’ll have to sue. You log be able to talk the police into getting your breeding dog back, but they likely won’t help. The puppy you’ll definitely have to sue.

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

A: Your agreement is a contract that was fully performed by you and is enforceable. Contracts do not have to be in writing. You can sue in Small Claims Court for Specific Performance (an Order of the Court that she perform), or for breach of contract (monetary damages that you incurred as a result of the failure to perform (value of the puppy)).

If she is keeping your dog, call the police. That is theft. You can also sue in Small Claims Court for an Order that she returns your dog, or for the value of the dog.

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

Small Claims Forms

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

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