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Texas Animal / Dog Law Questions & Answers
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.
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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
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... View 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... View 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... View 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... View 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... View 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... View 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.

2 Answers | Asked in Products Liability and Animal / Dog Law for Texas on
Q: I purchased a deformed puppy and the breeder refuses any type of refund. Do I sue?

I paid full price for a puppy. I bought it as a pet with the intention of breeding. When I took her for the first vet appointment I learned of a disability and my vet said she shouldn’t breed. I asked the breeder for a refund and she refused. She said I could return the puppy and be on a waiting... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2021

The question is was it the type of deformation that a breeder should have been able to spot--not all such deformations are able to be detected without specialized knowledge. As the person claiming, it's on you to show through expert testimony that the breeder had to have known about that.... View More

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1 Answer | Asked in Animal / Dog Law for Texas on
Q: What can I do if my neighbor threatens to call the pound because my dog escaped through the fence and goes to his yard?

My dog is a pit and I am currently visiting my mother. She has a fenced house with a gate and he has found spots through the gate to escape through. We have been reinforcing the fence in these spots but he seems to find a way. He is not aggressive and has never biten anything or anyone.

Boe Lynn Bowen
Boe Lynn Bowen
answered on Jun 16, 2021

Threatening to call the pound is not a crime by itself.

Facts might change this: like he is making threats multiple times a day. Depending on how and how often this occurs you might have a harassment claim.

I would encourage you to ensure your fence is in order and the animal...
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1 Answer | Asked in Animal / Dog Law and Domestic Violence for Texas on
Q: My ex says she is going to take me to court for the gifts she gave me. She thinks I should have to pay for them.

8 month relationship that was physically abusive (her towards me) and verbally abusive her to me. She got a credit card and we got an engagement ring for her. It’s under her name. Her care credit card was used to pay for a dogs vet visit. And an Amex card that had my name on it as an authorized... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 28, 2021

She can sue you for whatever she thinks you owe her, and you can file a counterclaim for what you think she owes, and then a judge can sort it all out. You could hire a civil attorney to increase the chances that you'll win but it would probably be faster, cheaper, and less heart-wrenching to... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My roommate shaved my dog without my consent, is there any legal action that can be taken?
Teri A. Walter
Teri A. Walter
answered on Apr 13, 2021

This sounds like such an unusual and strange thing to do that I feel certain there is more to this story. However, on the facts stated, you have no damages. The fur will grow back. Although it would be an assault on a person, animals are property.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My dog bit one of my neighbors . HOA wants her removed immediately and permanently. Can they do this without any notice?
Teri A. Walter
Teri A. Walter
answered on Apr 11, 2021

Presumably this kind of problem is not addressed in your deed restrictions - if there is, that will govern. If not, there's a legal process that has to be followed to have an animal declared dangerous, and it will require notice to you and a court hearing.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My dog bite my neighbor but it was very very minor and now she’s asking me for my home owners insurance how do i respond

She continues to walk around the neighborhood and this I received to give her my home Insurance

Teri A. Walter
Teri A. Walter
answered on Mar 10, 2021

You have 3 choices:

1) give her your insurance information. She'll make a claim, and the insurance company will do their own investigation, and decide whether to pay the claim. Remember that you have a deductible amount that you'll be responsible for before the insurance company...
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1 Answer | Asked in Animal / Dog Law for Texas on
Q: the lady that was watching our dog won’t give him back. text messages show she agreed to watch him & now she blocked us

a friend of ours agreed to watch our dog while we were relocating. unfortunately we had a falling out and now she won’t give us our dog back and has blocked our numbers. he is not chipped or registered but the text messages between us show that she agreed to watch him and prove he is ours.... View More

Teri A. Walter
Teri A. Walter
answered on Feb 23, 2021

You could try a small claims case to have the court declare ownership of the dog. Gather your evidence and talk to the clerk of the Justice of the Peace court in the precinct where your ex-friend lives.

1 Answer | Asked in Civil Litigation and Animal / Dog Law for Texas on
Q: I want to get my cat back but the person blocked me number in Facebook. I have their information but I need answer

I had a cat named Harley and I gave it away a couple nights ago but I want my cat back. They blocked me from Facebook and my number. I have their information but I just need to know what can I do to get my cat back I will pay money for someone to get it legally back to me.

Teri A. Walter
Teri A. Walter
answered on Feb 23, 2021

Gifts are permanent. If you "gave" the cat to someone, you probably can't get it back. Circumstances may or may not support a different answer.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: i was gifted a dog because the previous owner said she cant give him proper attention but now shes wanting the dog back

he has no chip or shots. do i have to give him back?

Teri A. Walter
Teri A. Walter
answered on Feb 20, 2021

You have two choices: 1) give the dog back, or 2) don't give the dog back. If you don't, it is unlikely you'll be sued for the dog, because the cost of filing the suit almost certainly exceeds the value of the dog. In the event that there is a suit, the previous owner will have... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: How to adopt a dog?

My boyfriend has had his dog for 6 or 7 years and got her through humane society but under his friends name. He no longer has contact with that friend and doesn’t have any papers for the dog. He wants to get papers for her.

Teri A. Walter
Teri A. Walter
answered on Feb 20, 2021

Unless the dog is a purebred, there aren't actually any "papers," and probably nothing showing ownership.

If he takes the dog to a vet, he can get it chipped, and if he registers his name and contact information to the chip, that's evidence of ownership, and he can get...
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1 Answer | Asked in Elder Law, Family Law, Adoption and Animal / Dog Law for Texas on
Q: I’m 18 I got a puppy online and been taking care of it at my grama place I’m going my to my parents but I think there

Planing on giving it away what are my rights?

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

Sorry, no matter how old you are, your parents get to make the rules about what they will allow in their house. If they don't want the puppy, I suggest you arrange another place to stay. No, they shouldn't give away your property, but if you're living at their house, you're... View More

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