Q: I have been caring and boarding two big dogs for over a year, the owner has only visited once. He is now refusing
To pay for the boarding fees, food costs. Do i have to surrender the poor dogs that he cant afford to feed? Can i claim ownership now that they are abandoned? There's been no communication for 3 months. What is the holding period in Texas?
Am i allowed to refuse to return his dogs until unpaid balances are paid?
Can I surrender them to a rescue group?
The owner has no actual physical address, as he owns a telecommunications company and is always moving from one city to another anywhere from 2-3 days at a time to a coupleweeks at most.
There also has been little communication.
I don't want to surrender these dogs because well, we have grown to love them very much, and it would just break my heart if they were forced back to a life inside a vehicle.
A: They aren't legally just "abandoned," but under Texas Property Code Section 70.003, you have a lien on the dogs for the amount of the charges for their care, and can hold them until the charges are paid. To be able to sell them, you must comply with Section 70.005, and give notice and demand that the owner pay the charges, then if they're not paid before the 11th day after the request, they can be sold at a public sale with 20 days' notice. I suggest you send any notices by both first class mail and certified mail.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
