Auburn Hills, MI asked in Animal / Dog Law and Civil Litigation for Ohio

Q: If a dog is advertised for giveaway and you get the dog can they take you to court for it back?

Drove 180 after talking with her about getting the dog she advertised for free then couple days later she demanding it back and gave me everything of the dog papers, toys, pool, leashes food. Trying to take me to court because she now wants it back. How is this legal to try taking dog back after giving it away? Was her dog all paperwork is in her name. She live in Michigan I live in ohio

2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: Anybody can sue anyone for anything, including return of an animal, which is considered personal property. But to win in court, she would have to prove some breach of contract by you. If she files a lawsuit, you can go to the court hearing and explain your case. Or use the Find a Lawyer tab to hire an attorney if you think it is worth it to pay an attorney to try to keep the dog.

Taylor P Waters
Taylor P Waters
Answered
  • Animal & Dog Law Lawyer
  • Worthington, OH
  • Licensed in Ohio

A: You should be fine, but you may want an attorney to cover the hearing with you. As Attorney Jaap said below, she'd need to prove you breached a contract somehow but if you're correct and it was free to a good home then it just sounds like seller's remorse.

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