Colorado Animal / Dog Law Questions & Answers

Q: A friend gave us a dog and now wants her back after 9 months. We have paid all expenses. He changed his mind.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 12, 2019
Kristina M. Bergsten's answer
If he gave you the dog, then it’s yours. He would have to sue you and win to get the dog back. However, because there are clearly some details that you did not post here, it would be best if you met either an attorney to go over all the facts to get your best resolution.

Q: I really need to know if i can sue my dog because he is giving me a mean face and i am scared

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jan 10, 2019
Kristina M. Bergsten's answer
You should probably speak with local, Georgia attorneys on this issue. Your pug sounds like he means business, so it's best to discuss it with an attorney from your jurisdiction.

Q: Additional information after lawyer responded

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jan 9, 2019
Juliet Piccone's answer
If a criminal case is filed, you could be entitled to restitution for the value of the dogs, but it's up to a judge and only if there is a conviction. Since you want to find your dogs, you should sue her civilly under a replevin theory. These are complicated cases, so while the courts do have forms you can fill out to file on your own, it really makes sense to hire an attorney that handles custody cases. There are other potential claims you can add that could even entitle you to attorney...

Q: If I have an ESA letter from a LCSW who is from out of state and not licensed in CO, is my ESA Letter still valid?

3 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 8, 2019
Juliet Piccone's answer
That sound like it violates the requirements of Colorado's fake assistance animal law. Google it or perhaps seek a legal consult from someone like me that deals with this frequently.

Q: I am a visitor at an apartment complex and are demanding medical history to prove need for my service animal. Can they.?

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on
Answered on Jan 7, 2019
Donald C Eby's answer
Basically - Yes they can.

The issue is not only that your dog is actually a service animal but you must also prove that you have a disability which the dog in some way alleviates.

Housing rules are slightly different from ADA rules which deals with public issues.

Q: My stolen dogs. filed police report in Boulder. Det told woman to return dogs. She won’t. file civil suit? restitution?

1 Answer | Asked in Animal / Dog Law and Criminal Law for Colorado on
Answered on Jan 7, 2019
Juliet Piccone's answer
I'm not sure how the detective is going to cite or arrest her for theft if you and they do not know where she lives. You aren't going to get anywhere without knowing where she is located, because how will she be served with a criminal or a civil summons? In my opinion, you need a real consultation from an attorney who handles these cases all the time, like me, not just a random post on Justia. We could discuss what information is known, what is unknown, and how to fill in the gaps and...

Q: i gave a dog to some people 3 years ago and 3 weeks ago they gave her back. Can she take her back?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Dec 18, 2018
Kristina M. Bergsten's answer
It is unclear from your question what you are asking. Who is "she"? If you gave a dog to someone and they are returning the dog to you, it is up to you whether or not you take the dog back. If they gave the dog to a third person, they can do that because you relinquished ownership (based on your question) to the "some people."

Q: I have an emotional support animal (dog) and I just moved into an apartment. I forgot to mention this to the complex.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Nov 29, 2018
Kristina M. Bergsten's answer
Potentially. You will likely need to provide documentation from a medical professional detailing your disability/emotional disability and that your dog alleviates these symptoms.

Q: If I care(vet,food,etc.)for a dog almost its entire life(2 years), can the person who left her in my care take her back?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Nov 14, 2018
Kristina M. Bergsten's answer
He would have to sue you in small claims court and win to get her from you. Its possible he could call the police but they likely won’t get involved. You have a strong defense against his claims of Ownership, especially if the dog never lived with him and always lived with you.

Q: My mother kept my dog. All the vet records are in my name and he is registered as a support animal.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Nov 8, 2018
Juliet Piccone's answer
I'm sorry you are experiencing this, but it's not a simple issue. You need to talk to someone who handles these cases a lot, which I do. It pays to hire someone experienced, so please consider paying for a consultation with me. Free consultations are usually worth what you pay for them; nothing!

Q: My bf gave me a dog over two years ago I had him micro chipped and his shots can he take him from me in Colorado

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 22, 2018
Kristina M. Bergsten's answer
He would have to sue you and win in order to legally take the dog from you. But again, he would have to sue you and win in court.

Q: Who legally owns a cat if one person has the vet records in their name and another has the microchip in theirs?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 20, 2018
Kristina M. Bergsten's answer
Wow! That is quite the situation you are in! Since person B is the original owner, most likely the cat belongs to him/her. But if persona A and B made an agreement that person A is the new owner, then it belongs to person A. More facts are needed to properly analyze this question. Either way, it sounds like these people need to come to an agreement or take it to court to let the court decide who owns the cat.

Q: Someone broke my fence, stole my dog and then called me to come get her because she thinks she's neglected.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 20, 2018
Kristina M. Bergsten's answer
I’m confused by your last sentence whether you have your dog back, but if you do not you can call the police and ask them to help you get your dog back. You can press charges for theft, destruction of Propety (vandalism), and trespassing. The cops will likely ultimately decide what to charge this person with.

Q: Dog Advocate has posted online pictures of my lost dog. Refuses to meet me at animal shelter to prove he is not chipped.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Oct 18, 2018
Kristina M. Bergsten's answer
You need to sue her in replevin ASAP! If she works for a shelter, then there is only 5 days before the dog is considered "abandoned" and legal title of the animal transfers to the shelter. It sounds like you have been in contact with her, and she should meet you, but if she is not, it sounds like she needs some prodding from the legal system to get her attention.

Q: If my dog got through the fence and into the neighbors yard and killed their dog can animal control take my dog?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Oct 5, 2018
Kristina M. Bergsten's answer
It is possible animal control would confiscate your dog, pending a hearing on the criminal charges against you for the death of the other dog. I would recommend speaking to an animal attorney to go over your options and defenses and make sure your dog is not euthanized as a result of this case.

Q: Judge signs off on a sum for a misd theft, does this mean the stolen item can be picked up at the time it's served?

1 Answer | Asked in Criminal Law and Animal / Dog Law for Colorado on
Answered on Oct 1, 2018
Mr. H. Michael Steinberg's answer
My experience is the service dog is returned to the original owners much like a stolen car is returned to the rightful owners while the case is being prosecuted and after the theft is well documented for a possible trial at a later time.

Q: Isn't a stolen dog treated the same as a stolen car? It's stolen property.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Sep 28, 2018
Juliet Piccone's answer
The answer is no. Typically the police will not intervene, they will say it's a civil matter. I've only seen a few cases where they have charged someone with theft of a dog. You will need to take them to court. I'd recommend you consult with an attorney who handles matters like this on a regular basis, such as myself.

Q: At what point can I assert ownership of a stray dog.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Sep 26, 2018
Juliet Piccone's answer
Pursuant to state law, the shelter has to hold dogs with ID for five days (three for dogs without ID). Once the hold period is up they can do whatever they want with the dogs, so make sure you've put in written requests to adopt both dogs NOW and follow up daily.

Q: A guy left his dogs with my friend. She then contacted him stating that she cannot keep them. He never responded.

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Sep 25, 2018
Juliet Piccone's answer
She should have a consultation with an experienced animal attorney, there is not enough information here to give any type of sound advise.

Q: If a person purchases an item in "good faith" & later finds out the item was reported stolen,can they now keep it?

2 Answers | Asked in Criminal Law and Animal / Dog Law for Colorado on
Answered on Sep 18, 2018
Mr. H. Michael Steinberg's answer
No they cannot keep the property if it has been stolen even if it was purchased in good faith. They become another victim of the crime and are entitled to compensation called restitution. But unless the owner agrees to relinquish the dog in this case - it must be returned. H

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.