Kristina M. Bergsten's answer Technically, under these facts, the answer is no. If the dog was taken to a shelter, then ownership would sever after 5 days under Colorado statute. However, for an individual person, the abandoned property kicks in after 5 years. So, technically, unless this guy sells the dog to you or agrees to gift the dog to you, he still retains ownership, in spite of his circumstances. However, with everything going on in his life, he might agree to give the dog to you or not ask at all.
Ronald J. Eisenberg's answer First, I'm sorry to hear that about your puppy's fate. As to your legal situation, I don't know what you mean by stating that the driver is "trying" to sue you. Either a case has been filed (if so, you must defend it) or there has been no lawsuit. Check Casenet. If you've been sued, you could file a counterclaim. If you haven't been sued, you could file in small claims court but expect to catch a counterclaim for at least $3800. You can represent yourself in small claims court or you may...
Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that...
Kevin M Rogers' answer Your sister is full of it. You don't need to give her dog back, she abandoned it. 90 days, whether or not it is raining or snowing, is plenty of time to come get a dog that you claim you want back. So, if you don't want the dog, just take it to the pound and tell sister that I DARE HER to sue you over the dog!
Kristina M. Bergsten's answer ESAs do not have the same protections as service animals so it depends on what purpose you’re asking this question. For zoning/code reasons or for rental/housing reasons? Generally, ESAs are not considered as “pets” and so wouldn’t count as a dog for purposes of zoning/code regulations.
If you were married to the ex, then it depends on whether the dog was separate property or marital property. If the dog was separate property, then, the ex may keep the dog. If the dog was marital property, then you have a claim to the dog.
In deciding whether property is separate or marital, courts look to many factors surrounding the circumstances of how the dog was received. Because I do no know the exact circumstances, I cannot tell whether...
William John Light's answer Tell your friend that you will have to surrender the dog to Animal Control or a shelter by a specific date because you can no longer care for it for the reasons you described. If he hasn't made arrangements by that date, surrender the dog.
Charles M. Baron's answer Can't tell why you're asking - for insurance coverage purposes? A dog that you own is your personal property, and you may sue the driver and owner of the vehicle that struck your dog for your vet bills, and if your dog dies, for the fair market value of your dog. In some circumstances, you may also sue for your own emotional distress. But it sounds like you don't know who struck your dog. If you're wondering about whether any insurance policy of yours covers this, that depends solely on the...
William John Light's answer Sounds like trespassing and a leash law violation. Los Alamitos Municipal Code § 6.16.100 requires that dog owners keep their dog on a leash when on any public street, park, or other public place. The leash cannot be more than eight-feet long and must be held continuously in the hands of a person capable of controlling the dog.
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