A lady claiming my dog is hers

[Courtney H]

Jurisdiction

California

I purchased a bichon/poodle in June of 2018. I have pictures and videos of the dog from the past year. Recently, my 2 dogs have been getting out of the backyard gates multiple times per day. On the 19th on this.month, June 2019, my neighbor told.me if the dogs got out on more time, he was calling animal control. I had decided about month prior that we did not have the amount of time for the dogs, that they deserve, due to being gone too much and decided to start looking for a new home for them. After my neighbor said he would call animal control, I decided I would rather take my dogs to a no kill shelter rather than they end up at spca. The morning of the 20th I went to meet a psychiatrist for my job and on the way I stopped for a drink and began talking about the dogs with someone who parked next to me. They were playing with the dogs through the window and after telling them my intentions and what had been happening they wanted to take the dogs home. So I let them, thinking it was a better situation then the pound. Not more then 2 hours after I got home, a lady came to my door with pictures of my dogs, which had been posted on a neighborhood watch due to them getting out of the backyard so frequently, claiming one of my dogs were hers. She is now threatening to sue me. The police did come out and provided me with an event number saying that I'm fine because I have proof of having him for the past year, while she claimed her dog had been missing for 3 months. The officer said she cannot claim anything criminal because obviously I did not steal the dog. But he said she could try to take me to civil court. But now I'm afraid that I will have to go to court to prove my own dog, which I no longer have. What are possible outcomes to situations like this?

 

[PayrollHRGuy]

Possible outcomes.
1. You never hear from the lady again.
2. The lady keeps threatening you with a lawsuit but never files.
3. The lady sues you go to court and show the proof that the dog was yours.
4. The lady sues you go to court without proof but the lady's only proof is that the dog looks like the one she had.
5. The lady sues and shows up with absolute proof the dog was hers.

5 is obviously the worst for you but I can't think of any way she could get such proof.
4 I doubt any court would rule in her favor.

 

[justblue]

I purchased a bichon/poodle in June of 2018. I have pictures and videos of the dog from the past year. Recently, my 2 dogs have been getting out of the backyard gates multiple times per day. On the 19th on this.month, June 2019, my neighbor told.me if the dogs got out on more time, he was calling animal control. I had decided about month prior that we did not have the amount of time for the dogs, that they deserve, due to being gone too much and decided to start looking for a new home for them. After my neighbor said he would call animal control, I decided I would rather take my dogs to a no kill shelter rather than they end up at spca. The morning of the 20th I went to meet a psychiatrist for my job and on the way I stopped for a drink and began talking about the dogs with someone who parked next to me. They were playing with the dogs through the window and after telling them my intentions and what had been happening they wanted to take the dogs home. So I let them, thinking it was a better situation then the pound. Not more then 2 hours after I got home, a lady came to my door with pictures of my dogs, which had been posted on a neighborhood watch due to them getting out of the backyard so frequently, claiming one of my dogs were hers. She is now threatening to sue me. The police did come out and provided me with an event number saying that I'm fine because I have proof of having him for the past year, while she claimed her dog had been missing for 3 months. The officer said she cannot claim anything criminal because obviously I did not steal the dog. But he said she could try to take me to civil court. But now I'm afraid that I will have to go to court to prove my own dog, which I no longer have. What are possible outcomes to situations like this?

You gave your dogs to a random person in a parking lot? You thought that was a better placement than a no-kill shelter? Really?

 

[PayrollHRGuy]

You gave your dogs to a random person in a parking lot? You thought that was a better placement than a no-kill shelter? Really?

Not really the point here.

 

[justblue]

Not really the point here.

No. But as you covered the legal, all that was left was moral judgement.

 

[Courtney H]

No. But as you covered the legal, all that was left was moral judgement.

Thank you for your opinion. In the moment yes I thought so. I'm not concerned on opinions though as everyone has a different pattern of thinking. I'm focusing on the legal aspect. But I do appreciate you voicing your opinion.

 

[Courtney H]

Possible outcomes.
1. You never hear from the lady again.
2. The lady keeps threatening you with a lawsuit but never files.
3. The lady sues you go to court and show the proof that the dog was yours.
4. The lady sues you go to court without proof but the lady's only proof is that the dog looks like the one she had.
5. The lady sues and shows up with absolute proof the dog was hers.

5 is obviously the worst for you but I can't think of any way she could get such proof.
4 I doubt any court would rule in her favor.

Thank you. I have bill of sale and receipts of payments along with numerous pictures of him growing up this past year. He turned one April 2nd and this lady is claiming that her dog is 4. I undoubtedly believe she will have pictures of her dog and many dogs do look alike so my question is how would rightful owner be determined based off pictures. I do have neighbors who would voucher that I moved here this past September with him. I have family and friends who have pictures or videos of him as well.

 

[Courtney H]

You gave your dogs to a random person in a parking lot? You thought that was a better placement than a no-kill shelter? Really?

My intentions were on going to the local no kill shelter until meeting with this family. I wanted to go to the no kill shelter rather than them ended up at a kill shelter because they got out of the yard again.

 

[zddoodah]

The officer said she cannot claim anything criminal because obviously I did not steal the dog.

That's silly. She can claim anything she wants.

But he said she could try to take me to civil court.

She can do more than try; she can actually do it.

What are possible outcomes to situations like this?

1. The woman doesn't sue and you never hear from her again.
2. The woman bugs you some more but never sues you.
3. The woman sues and loses.
4. The woman sues and wins.

Did you really not know those things?

I'm not sure what your real question is, but if I were you, I'd not worry about this unless you hear from this woman again. If you do hear from her again, tell her that you no longer own the dogs and, if you're so inclined, give her the contact information for the person to whom you gave the dogs. If she sues you, it will likely be in small claims court, and she'll have the burden of proving ownership, and you'll have an opportunity to state your side of things.

 

[Courtney H]

That's silly. She can claim anything she wants.



She can do more than try; she can actually do it.



1. The woman doesn't sue and you never hear from her again.
2. The woman bugs you some more but never sues you.
3. The woman sues and loses.
4. The woman sues and wins.

Did you really not know those things?

I'm not sure what your real question is, but if I were you, I'd not worry about this unless you hear from this woman again. If you do hear from her again, tell her that you no longer own the dogs and, if you're so inclined, give her the contact information for the person to whom you gave the dogs. If she sues you, it will likely be in small claims court, and she'll have the burden of proving ownership, and you'll have an opportunity to state your side of things.

Thank you

 

[PayrollHRGuy]

Thank you. I have bill of sale and receipts of payments along with numerous pictures of him growing up this past year. He turned one April 2nd and this lady is claiming that her dog is 4. I undoubtedly believe she will have pictures of her dog and many dogs do look alike so my question is how would rightful owner be determined based off pictures. I do have neighbors who would voucher that I moved here this past September with him. I have family and friends who have pictures or videos of him as well.

If you can show you bought a dog that matches the one in question and all she has is some photos that she is comparing to a photo that someone posted on a flyer there is simply no way a verdict would go her way.

 

[adjusterjack]

No. But as you covered the legal, all that was left was moral judgement.

Here's another.

How many times does one's dogs have to get out of the yard before one FIXES the problem?

One more.

Stopped for a drink on the way to the psychiatrist before work, with the dogs. Yikes.