I tried to get my German Shepard back from a "friend" who offered to take care of him while I was out of town for a month over the holidays. He was not being cared for properly, at the current caretaker home. (ear meds not given as directed, left inside or outside for long periods of time)
I gratefully accepted her offer. Took him and 50 lbs of food, new toy, several different treats and chews. Also bought her dog treats for his size. Helped set up his run, doghouse, food and water and introduced her and my dogs for the first time. I left instruction with her to call my boyfriend if the dogs didn't get along, or any other issues. he would come and get him asap. That if he needed more ear meds to call the volunteer, (my friend introduced me to for help with ear medication) she would help me with his needs, she had a lot of resources.
I texted her daily of how he was doing. After @5 days she took him to the vet, without my permission. I thanked her for being a good friend and helping me out. I would have to pay her back when I return. I asked why she didn't call her friend who gave me the meds to begin with. She failed to respond. I went on F.B. and seen that she was telling people he was her new dog. I wrote a letter and called her telling her we have a miss understanding. That he was to be picked up the following afternoon by my boyfriend.
She refused to allow him on her property. I had the police go to her home and she cried and said I gave him to her. It then became a civil matter.
I returned to town and contacted police who directed me to civil court. The clerk told me to write a demand letter for my property and attach a copy with my complaint. I did. The clerk then filed my complaint in FED court and charged me $72 to file and refused to let me file unless I also paid a service fee of $35.00 to have defendant served by sheriff. I had a competent person, to serve the papers and file proof of service. But was denied to file without the fee.
defendant refused mediation, offered by court. Trial was set for 5 days away. The Judge started by saying the complaint and answer had been filed in wrong court and he was moving the case to small claims. ($42.00 to file and no sheriff service fee)
I produced receipts for buying the dog. I had my Akc registration. Papers from breeder of litter. Witnesses, including breeder. The defendant witness was the lady with the meds, who said i called her months before to find a home for dog. She did not know my name, until the court told her. I proved her testimony had false statements.
I have waited 29 days for an decision from the court.
The court says: I proved that I am the owner, but since there are no witnesses to the agreement of long term or short term care: Defendant has possession of "real Property" and therefore my complaint is denied. I have to pay her filing an answer fee. For $260.00 I can appeal to circuit court.
How do I file for mistrial? Isn't small claims for monetary claims? Is a dog real or personal property? Why is it not a crime when I am the legal owner? How do I get the money I was over charged for filing and service?
I gratefully accepted her offer. Took him and 50 lbs of food, new toy, several different treats and chews. Also bought her dog treats for his size. Helped set up his run, doghouse, food and water and introduced her and my dogs for the first time. I left instruction with her to call my boyfriend if the dogs didn't get along, or any other issues. he would come and get him asap. That if he needed more ear meds to call the volunteer, (my friend introduced me to for help with ear medication) she would help me with his needs, she had a lot of resources.
I texted her daily of how he was doing. After @5 days she took him to the vet, without my permission. I thanked her for being a good friend and helping me out. I would have to pay her back when I return. I asked why she didn't call her friend who gave me the meds to begin with. She failed to respond. I went on F.B. and seen that she was telling people he was her new dog. I wrote a letter and called her telling her we have a miss understanding. That he was to be picked up the following afternoon by my boyfriend.
She refused to allow him on her property. I had the police go to her home and she cried and said I gave him to her. It then became a civil matter.
I returned to town and contacted police who directed me to civil court. The clerk told me to write a demand letter for my property and attach a copy with my complaint. I did. The clerk then filed my complaint in FED court and charged me $72 to file and refused to let me file unless I also paid a service fee of $35.00 to have defendant served by sheriff. I had a competent person, to serve the papers and file proof of service. But was denied to file without the fee.
defendant refused mediation, offered by court. Trial was set for 5 days away. The Judge started by saying the complaint and answer had been filed in wrong court and he was moving the case to small claims. ($42.00 to file and no sheriff service fee)
I produced receipts for buying the dog. I had my Akc registration. Papers from breeder of litter. Witnesses, including breeder. The defendant witness was the lady with the meds, who said i called her months before to find a home for dog. She did not know my name, until the court told her. I proved her testimony had false statements.
I have waited 29 days for an decision from the court.
The court says: I proved that I am the owner, but since there are no witnesses to the agreement of long term or short term care: Defendant has possession of "real Property" and therefore my complaint is denied. I have to pay her filing an answer fee. For $260.00 I can appeal to circuit court.
How do I file for mistrial? Isn't small claims for monetary claims? Is a dog real or personal property? Why is it not a crime when I am the legal owner? How do I get the money I was over charged for filing and service?