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Texas Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law and Civil Rights for Texas on
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... Read more »

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

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...
Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: I had these dogs for yrs. The dogs got out while I was packing to leave. They are my daughters dogs.Can I be charge

When dogs got out by being 73 my cousin pick me up.My neighbor found them took them to the pound. I have had the dogs for years. Can I be changed with abundance

John Michael Frick
John Michael Frick
answered on Nov 21, 2022

I am unfamiliar with “abundance.”

Just go to the pound with their registration and vaccination cards and pick them up. There might be a small fine for allowing them to run at large and there might be additional fines if they aren’t registered and vaccinated. But this should not be a big deal.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Texas on
Q: my dog bit someone and most likely I am going to get sued for it but I don't have any kind of money to pay

i'm on the verge of filling bankruptcy. I got less than $50 on my bank account and I doubt I can afford a lawyer to help me. What can I do?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 20, 2022

If you own a house your homeowners insurance may cover it,

1 Answer | Asked in Civil Litigation and Animal / Dog Law for Texas on
Q: What do I do about a leaser leaving cattle on my property and not feeding them and abandoning his cattle.

I have asked several time for him to remove the cows by phone because the cows are getting out searching for food, but now he has blocked our numbers. Three other families are feeding these animals, but his excuse was that he had gout and couldn’t. I just need advice on how to get them off my... Read more »

John Michael Frick
John Michael Frick
answered on Nov 9, 2022

You should report the abandoned cattle to your local sheriff's office. If you just want the cattle gone, they will notify the owner and then impound the cattle if they are not removed within five days.

You may be entitled to a redemption price but, as you obviously do not handle...
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1 Answer | Asked in Animal / Dog Law for Texas on
Q: How can I show proof of ownership of a dog that I was gifted due to it being abused/neglected?

I work at my apartment building. There was a tenant who, since the day they moved in, had not paid rent or anything (august-October). Not sure how they were able to move-in in the first place. My managers filed for eviction. They went into his apartment and room to hand him the paperwork. They... Read more »

John Michael Frick
John Michael Frick
answered on Nov 3, 2022

If the dog belonged to the tenant, only the tenant had legal authority to give the dog away. Your manager had no legal right to tell you that you could keep the dog because the dog did not belong to your manager.

Your better argument is that the tenant abandoned the dog. If the tenant...
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1 Answer | Asked in Animal / Dog Law, Domestic Violence and Small Claims for Texas on
Q: How can I obtain legal ownership of dogs shared with an ex-boyfriend who is withholding them to coerce me to stay?

In order to leave an emotionally abusive relationship, I had to leave without my dogs. The dogs were abandoned in our care by his sister 3 years ago. She told my ex that we could keep them or give them to her dad, who is disabled & unable to care for pets. Giving the dogs to the dad would... Read more »

John Michael Frick
John Michael Frick
answered on Oct 26, 2022

Since the dogs were given to you both, you own them as tenants in common.

You can petition a court to partition them in kind or to have them sold and divide the proceeds equally between the two of you.

1 Answer | Asked in Consumer Law and Animal / Dog Law for Texas on
Q: My ex came over to get his mail and took off with our dog that I’ve kept since the breakup without my permission. HELP

He just came by to get his mail and I gave him the mailbox key to go check while I was in the bathroom and when I came out he was gone saying bye xxxxx the dogs mine

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 24, 2022

I have worked on cases like this in the past. I recommend you work with an attorney to generate a legal plan.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My dog was stolen two years ago. I saw my dog on a pet page and contacted them. How do I get my dog back?

I told them I would pay for a DNA test to prove he is my dog since my brother has his daughter to test the DNA with. I told her I had his AKC Paperwork, pedigree, and pictures of him with our family.

I contacted the police two years ago, but I did not know where he was. I contacted animal... Read more »

John Michael Frick
John Michael Frick
answered on Sep 19, 2022

You can file a suit for "replevin." Such a suit seeks the return of a specific item of personal property (other than money) in possession of the other party that rightfully belongs to you. In this case, the item is the dog.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Texas on
Q: My dog attacked two people that entered my finced in yard, now my dog/baby is dead from 5 gunshot wounds what can I do

I was told by law inforcement to take my dog to vet for quarantine but both veterans in my town said the was booked up with no room but told the officer they had room and was waiting on me to bring my dog, now my dog is dead from retaliation I know who killed my dog what can I do about it?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Aug 7, 2022

You did not ask a question and II have no idea who shot your dog,

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Criminal Law for Texas on
Q: Can police take my dog from his lead while looking for someone with an arrest warrant who use to live there?

I rent a room from a lady whos son is troublesome. The police had a arrest warrant for him but he wasn't there and neither was I at the time. They were mad because no one answered the door so they took my dog off of his leash and took him.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 22, 2022

They took your dog and left or they simply moved your dog to a different location? To be honest, if they claimed to be afraid of the dog then they could probably get away with shooting your dog dead.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally be changed a pet fee for using my service animals for my disabilities?

I have resided in a hotel for over four months and about 3 wks into our stay I presented the registration to the mhr of the hotel. I had to wait for an approval to bring them with me. On Monday got the ok. So 3months and 3 wks later the mgr come to us stating I could not have them and I will have... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 15, 2022

No, you cannot be charged a pet fee or pet cleaning fee for using a service animal. You are correct that the only fee that can be charged is for any damage caused by the service animal. You cannot be asked to remove your service animal unless it is out of control or is not housebroken. A service... Read more »

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Texas on
Q: a previous property management stated "unauthorized service animal" on a rental history, is this illegal?

My daughter moved and on the rental history from the previous property management they stated 'unauthorized service animal' her dog is a certified Emotional Support Animal.

John Cucci Jr.
John Cucci Jr.
answered on Mar 21, 2022

It is hard to understand what your issue is. If your daughter has moved out, then she no longer has a legal relationship with the landlord. If she was evicted because of false representations by the landlord, that is a different issue.

Yes, it is unlawful to evict, reject, or charge for a...
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1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: I was arested my dog was in my truck the city police had him impounded i gave y friends phone #

And found out my dog has been lost can i sue the?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 12, 2022

You can sue the faculty that loss your dog but not the police, Dogs are considered personal property .

2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: I was asked to go down for questioning on a crime that they said I did they want me to go give a statement but idk why

I took my dog from my mothers house and her fiancé called the law and said I broke into the house when I didn’t go inside I simply opened the door after seeing my dog and left with her then got callas demanding her back after I called my mom and told her I took my dog . Now they want to press... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

You need to hire an attorney and bring them with you when you are questioned. Don't speak to anyone without an attorney and don't speak to your mother or her fiance about it.

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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Texas on
Q: What can a defendant do about a court appointed lawyer who never contacts me or responds to emails ?

You email judge but he refuses to reassign another one. Calling the BAR doesnt help my case, n wld only piss them off. Im not looking to file a complaint, i just want a lawyer who's not disgruntled. I understand that im just another case to them, but for someone whos never been caught up in... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Dec 1, 2021

Well you actually seem to be complaining about someone who probably isn't even your lawyer anymore. I say this because the way you describe your legal situation, that first court-appointed lawyer probably has withdrawn as counsel in your case and he probably feels like it would be improper for... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My ex bought a dog 3 years ago and didn’t pay him off, so now his in collection. What can I do to legally make him mine.

I just found out that his in collection because he never paid the dog off. I’ve been taking care of “our” dog for the past year. I will pay what he owes but I want to put the dog under my name. I don’t want to give up the dog. What can I do to get custody?

Teri A. Walter
Teri A. Walter
answered on Aug 11, 2021

It sounds like you already have "custody." What you want is ownership. Write up a simple agreement that he is selling you the dog in exchange for you paying off what he owes to the seller.

1 Answer | Asked in Animal / Dog Law for Texas on
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... Read more »

Teri A. Walter
Teri A. Walter
answered on Aug 9, 2021

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... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Ownership of Dog?

I foster (now used to foster) for a 501c3 dog rescue group. A dog was posted that needed a foster and I went and picked up from the ex-owner that was surrendering her. HOWEVER, the surrender form was never signed. The rescue wanted to give it to another foster that I did not believe it was the best... Read more »

Teri A. Walter
Teri A. Walter
answered on Jul 6, 2021

On the facts stated, probably the original owner is still the owner. Paying for veterinary care doesn't change the ownership.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: If I sold someone a dog and we agreed on payment every 2 weeks and payments are not being made on time but once down to

If I sold someone a dog and we agreed on payment every 2 weeks and payments are not being made on time but once down to last $350 payment doesn't pay on date agreed upon can I get the dog back

Teri A. Walter
Teri A. Walter
answered on Jul 6, 2021

It depends on the terms of the agreement, but without a written agreement that gives you a security interest in the dog to secure payment, you can't. Your only remedy would be to sue in the Justice of the Peace court for the unpaid balance.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My husband gave my dog away, while we were on our honeymoon.

Na

Teri A. Walter
Teri A. Walter
answered on Jul 1, 2021

While giving the dog away was wrong, apparently this person has had the dog since 2009 - 12 years, or most of the dog's life. Get a divorce or don't but I think the time for arguing about who has the dog has long passed.

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