Brownsville, TX asked in Animal / Dog Law and Civil Rights for Texas

Q: My story is longwinded. My dog in essence was STOLEN with the help of the local police department. What R my rights? TX.

The officer obligated me to hand over the dog. I took the woman who stole my dog to court and they found in my favor. The police bent over backwards FOR HER. She "alleges" she lost it and there is nothing I can do to her allegedly. She moved shortly after the incident which tells me she is hiding the dog. The police department claims it is now a "civil matter" and their hands are washed of it. I have tried contacting the city attorney and other government entities to either try to get my money or have the dog replaced. THE MAYOR KNOWS and refuses to help. The City attorney got a hold of the State attorney General and will not let me look at video cams or any evidence they have and have even requested to REDACT video and other evidence. FOIA violation.

I feel as if they are wanting a huge fight or they hope to get me to back down. I don't plan on doing that. If they want circuit court, circuit court it is. I can't seem to find an attorney willing to help me.

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: It is not the mayor's job, or that of the city attorney, police department, or state attorney general, to help you enforce your judgment against the women who stole your dog.

It is your attorney's job, or your job if you are unwisely proceeding without an attorney, to file the appropriate papers with the court to enforce the judgment that was granted in your favor. Generally speaking, you have ten years after the entry of that judgment to initiate appropriate enforcement action before the judgment becomes dormant. What enforcement action is appropriate depends on what the judgment granted by the court says. Hopefully, the attorney who represented you in the court proceedings (or you if you chose to handle the matter without an attorney) drafted and submitted to the court a proper judgment worded in such a way as to be enforceable, and assured that the judgment was signed in a timely fashion. It is much easier to draft an enforceable judgment awarding a specific sum of money than one awarding possession of a particular unregistered, untagged animal using a description of unique or particular characteristics of the animal that are sufficiently detailed enough to distinguish that particular animal from another member of its species.

If appropriate enforcement action is taken, the court, and possibly the constable or sheriff's office, should take the necessary action to enforce the judgment in your favor.

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