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Massachusetts Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: A friend of mine stole my service dog what can I do to get him back?

I live in Auburn Massachusetts if that helps in any way

Joanne Belasco
Joanne Belasco answered on Jan 19, 2020

I can't speak to your specific issue unless you are a client. Generally speaking, under Massachusetts law, a dog is considered property. Several options exist when someone takes property. One option is to file a police report. If the police will not handle the matter, then you may need to consult... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: If someone sells their dog to someone who is taking great care of him can the seller legally take the dog back?

During the 2.5 months that I have had this dog I have taken him to the vet to be brought up to date on his vaccinations and to be be neutered. He had never been to the vet with the person who sold him.

Joanne Belasco
Joanne Belasco answered on Jan 17, 2020

Under Massachusetts law, a dog is considered property. So, as awful as it sounds, think of the sale as you would the sale of something like a car or a boat. Generally speaking, a seller cannot take back property once it is sold. I say generally because each case turns on the facts. If there was... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Ex wants almost $13000 or says he will take the dogs and possibly sell them. Registered to me paid for and AKC to him

We lived together for two years in my home. During that time he did work around the house such as adding a fence and adding to a heating system. He also paid for several trips. He lives somewhere where he cannot have pets. Says dogs can stay with me as long as I sign an agreement to pay him half... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 9, 2019

Were you married? If not, then his payment for trips and home improvements on your home may be considered gifts, unless there were explicit loan agreements between you regarding these expenditures. As for the ownership of the dogs, were they gifts to you? Why are they registered in your name? More... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Can we try to get reimbursed for tests and cremation of my dog that just passed because of misdiagnosis and negligence

My dog was throwing up and stopped eating last month brought buster to the vet he said buster was fine he will eat when he’s hungry , gave him a pill to settle stomach sent us home .... no tests no blood work no nothing . Last Thursday my dog threw up 6 times and ear swollen again brought him to... Read more »

Jeremy Cohen
Jeremy Cohen answered on Feb 5, 2018

Hello,

Instances like this typically involve obtaining all of the records from the involved vet, sending them out to one of our experts to determine if there is a potential valid claim, and if so, sending a demand letter to the involved vet. If you would like our office to take a closer...
Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Are you allowed to walk your dog on school property after hours During summer season

Walking dog after school hours while school is not currently in session

Dogs are leashed ,license, neutered microchip updated on all rabies

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 22, 2017

Is there a related prohibition posted on the property? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Animal / Dog Law, Personal Injury and Criminal Law for Massachusetts on
Q: Can I walk my dog after hours on School grounds During summer months?

Dog is leashed, licensed, neutered and microchip

Updated with all its rabies. Bathed and groomed. Water is supplied for walks.

William Head
William Head answered on Aug 22, 2017

You forgot to mention whether your dog wore a diaper. The issue for schools is that children play outside (recess) and if poop piles litter the landscape, guess who gets to clean up the kids, once they get poop on them? Don't ask me how they get poop on them, but they will.

If it is a law,...
Read more »

1 Answer | Asked in Animal / Dog Law and Constitutional Law for Massachusetts on
Q: The 2nd of this month I was unexpectedly hospitalized and had a dog at home. I called my mother to explain the scenario.

She had my contact information there so I could give the landlord permission to unlock the door. Someone the police became involved(which was not necessary) and today the maintenance man informs me that police were going all around my dwelling with ipads photographing every square inch. This is... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 17, 2017

Definitely contact a criminal defense attorney such as myself asap to discuss your risks and potential civil rights and privacy rights.

See: http://www.aeesq.com/criminal-defense-lawyer/dui-drugs-cannabis/

More details are necessary to provide a professional analysis of your issue....
Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Puppy given away by a third party third-party new persons register the dog and now claims she's there's

Unregistered puppy unable to stay with us temporarily bought out of state (ithica new york) for temporary safekeeping. The place where the dog was being kept gave the dog away to someone else les than two days in their possession. They say the dog was abandoned which was not the case. We reached... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 7, 2017

How did the dog leave your possession and end up in theirs? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: i bought dog in 06; married boyfriend in 08 divorced him in 14. left dog with him moved 1.5 hours away. am I still owne

my name is on vet paper. No dog license in my name. has been with ex since 2014. ex takes him to vet, groomer, and pays all expenses. I do give him half, but always in cash.

Am I still owner

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 2, 2017

Possession is key in ownership of personal property. Your payments may be considered a gift. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My girlfriend and I bought a dog together and she is asking for her money back. Can she sue me if I don't wanna pay her?

The dog lives with me and I take care of him fully. She can not take care of the dog because her father will not let the dog into the house. She wants to sue me for her portion of the money she paid but I'm refusing to pay her. Is it a legal matter or what? Need more help ?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 17, 2017

What were the terms of the purchase? Did she loan you the money or gift it to you? Who bought the dog? How did the dog come into your sole possession? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Was asked to babysit someone's dog for a month. It has been over a year and he wants to come get him. Can he do that?

I was asked to babysit a guy I use to work with dog for 1 month. It has now been a year and a half and he texted me saying he is coming to get the dog next month. He said he will compensate me with what he can. But when we got the dog he had no up to date shots and a broken paw that never healed... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 22, 2017

It sounds like he abandoned the dog, and the dog might belong to you now. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My roommate threatened to kill my kitten when I am not home. What do I do?

She urinated on his bed while closed in his room, and when he noticed, he tore the house apart looking for her and when he did find her, he stepped on her tail and kicked her. He then told me that when I am not home he will kill her.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 12, 2017

You can report this to the landlord for breach of lease agreement. You can report this to the police re: animal cruelty, and you can tell her that you'll sue her for breach of lease agreement and/or conversion of personal property if she hurts or threatens to hurt your kitty. More details are... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Will I have to file a suit?

If my boyfriend having him as an Esa and tbat doesnt prove ownership the. does it not make me the dogs owner by default? I didn't gift the dog to him, he took him and refuses to let me have him back.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 11, 2017

You can contact the police re: theft, and you can also sue for conversion in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: I adopted a dog with my boyfriend, I paid more for him and his vet records and microchip are in my name only

He has now registered the dog as an emotional support dog.. can he do that where the dog is in my name? And can I take the dog back even though he has filed this?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 6, 2017

The registration as an ESA is not dispositive evidence of ownership. You may need to sue for conversion of personal property. Did you gift the dog to him? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My dog had puppies im asking if i should give one to the breeder cuz the place they raice their dogs is not safe...

The neighbors have called animal control few times and im just worried that next time they'll take all the animals and my puppie will end up in a shelter! Is there anything i canndo about it?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 22, 2017

Are you in any sort of contractual arrangement with the breeder? Why does the breeder have your dogs? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: I gave my puppy to a friend but he didn't pay me yet and I want my puppy back do I still own him?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 22, 2017

How long has it been since you gave the dog to the friend? If he doesn't pay you within a reasonable time period, you can sue for breach of contract and seek an injunction to mandate the return of your dog. More details are necessary to provide a professional analysis of your issue. The best first... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: A homeless woman recently signed over ownership of her dog to me then later stole him, how do I get him back?

The woman signed a release giving me full ownership of the dog and stating she would not attempt to reclaim him. She later stole the dog from me and is hiding him. I called the police department and they offered no help.

The woman has been homeless for years. She was recognized by a friend... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 20, 2017

You may consider suing for conversion of personal property; but frankly with a homeless person who wants to flout the law, an injunction may be hard to enforce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Massachusetts on
Q: Who's dog is it?

So my friend and his girlfriend broke up and he started seeing someone else. He told the girl he missed the dog him and his ex shares so she took him to the pet store and bought him a dog. He ended up getting back together with his ex and took the dog when he left. The girl went to court and filed... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 3, 2017

If the dog was given as a gift by the girlfriend, then it belongs to him; but it depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: I bought a dog from someone that fauksified the shot records. Can i take her to court for this.

Its no the first time she has done this to people.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 23, 2017

This may qualify as fraud or at least breach of contract. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Had someone watch my pets found out they got rid of my pets without telling me is that legal what can i do
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 18, 2017

That sounds like conversion of personal property. You may be able to sue for damages in court. It depends on the facts. You may want to try to reacquire your pets from the persons to whom they gave your pets. The best first step is an Initial Consultation with an Attorney. You can read more about... Read more »

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