Dog Ownership

[Summerrboyy]

Jurisdiction

California

I was wondering if someone could give me some advice. My ex is taking me to small claims court over a dog (Daisy) we both purchased together. The dog (who lives with me) was $2,000. I paid $500 and he paid the remaining $1,500. We broke up in December of last year. When we broke up he owed me $700. So he texted me asking me if I wanted Daisy for $1,500. I replied saying I cannot afford that. He then suggested that I could have her if he no longer owed me the $700. I agreed to this and he delivered her to my house. After a couple of weeks he texted me saying he changed his mind and wants her back and claims he will take me to court for her. I tell him to go ahead. More time goes by and he texts me one day saying he does not want to take me to court for her and that I can have her. Long story short, we ended up getting back together but we have broken up again and he has actually filed a case. What I want to know is there a chance he will be able to win the case and take her away from me? I have all the text messages between us. As well as proof of the $500 I paid for her and proof of the $700 he owed me. Thanks

 

[mightymoose]

From what you describe it seems unlikely to me that he will be successful, but it depends how organized you are in explaining all the relevant details.
He essentially gifted you the dog.

 

[army judge]

What I want to know is there a chance he will be able to win the case and take her away from me?

It is impossible to handicap potential court proceedings.

If you have texts or emails to support your position, you MIGHT prevail.

If you can prove he owes you money, you can always cross-claim for the money he owes you.

Frankly, is it worth ruining your FICO to fight over a dog?

Civil lawsuits can potentially impact negatively your FICO score, if that means anything to you.

 

[zddoodah]

is there a chance he will be able to win the case and take her away from me?

Yes.

There is also "a chance" that the opposite result will obtain.

How much of a chance? We have no conceivable way of knowing. I do, however, know that a small claims suit relating to ownership of a dog is not going to have any impact on your credit score.